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1136864 



GENEALOGY COLLECTION 



ALLEN COUNTY PUBLIC LIBRARY 



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833 01092 3339 



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provincial papers. 



DOCUMENTS AND RECORDS 



!:i:i. \ ; :n<; TO Tin: 



PROVINCE OF NEW-HAMPSHIRE, 



FROM 1738 lo 1749 



i 



CONTAINING VKKV VALUABLE AND INTERESTING RECORDS AND PAPER* 
RELATING TO rm: EXPEDITION AGAINS3 LOUISBOURG, 1745. 



Published l>> anthorit) of the i I N< •« Hampshire. 



VOLUME V. 



COMI'll.KI* AM> K.IiITF.Il I'.Y 



NATHANIEL BOUTON, I). I). 

Corresponding Secretary of the New-Hampshire Historical Society. 



NASHUA: 

ORREN C. MOORE, STATE PRINTER. 
1871. 



N o r r I E . 



JOINT RESOLUTION passed by the Legislature of New Hampshire. 

Resolved by the Senate and House of Representatives in General Court Convened, That 
his Excellency the Governor be hereby authorized and empowered, with the advice and 
consent of the Council, to employ some suitable person and fix his compensation, to be 
paid out of any money in the treasury not otherwise appropriated, to collect, arrange, 
transcribe and superintend the publication of such portions of the early State and Pro- 
vincial Records, and other State Papers of New-Hampshire, as the Governor may deem 
proper; and that eight hundred copies of each volume of the same be printed by the 
State Printer and distributed as follows : namely, one copy to each City and Town in the 
State, one copy to such of the Public Libraries of this State as the Governor may desig- 
nate, two hundred copies to the New Hampshire Historical Society, and the remainder 
placed in the custody of the State Librarian, who is hereby authorized to exchange the 
same for similar publications issued by other States. 

Approved July 6, 1866. 



EDITOR'S PREFACE. 

1136864 

This volume is one of great interest and historical value, as containing 
all the official records and documents found in the Secretary's office and else- 
where, relative to the part which New Hampshire took in the expedition 
against Louisbourg, 1745. Although Governor Shirley, of Massachusetts, 
must be acknowledged as a prime mover and most efficient promoter of the 
enterprise, yet Governor Benning Wentworth, also, and his Majesty's Coun- 
cil and Assembly of New Hampshire, most heartily joined in the common 
cause, and furnished a full quota of brave New Hampshire men, who acquit- 
ted themselves nobly in the capture of that strong-hold of the enemy. 

The attention of readers is also particularly invited to the documents con- 
tained in this volume relative to the final determination of the boundary line 
between New Hampshire and Massachusetts, and the very able papers drawn 
up by John Thomlinson, Esq., in the latter part of the volume. The " Mis- 
cellaneous Papers " herein contained, and the " Agreement " for the pur- 
chase of the Masonian claims ; the incidents of Indian warfare ; the failure 
of the intended expedition against Canada, 1746 and 1747, with many other 
matters, will be found entertaining and instructive. 

The sixth volume, already in course of preparation, will contain all 
known official records and documents pertaining to the part which New 
Hampshire took in the expedition to Crown Point, and generally, in the 
French and Indian wars of that period. 



GENERAL CONTENTS 



VOLUME V. 



Administration of Gov. Jonathan Belcher — continued 

Journal of the House . 

a t Governor's Messages 

Answers to Governors Messages 

Address to the King's Most excellent Majesty . 

fc Names of Representatives 

c Thanks to John Thomlinson, Esq. . 

ISCELLANEOUS PAPERS 

Province Accounts 

Rev. Hugh Adams, Durham .... 

Privy Council order 

Order for fitting out Privateers, Commissions, &c. 

Value of Gold and Silver, and Bills of Credit . 

Declaration of war against Spain 

Orders about prayers for the Royal Family 

Expedition to New Spain, etc 

Exportation of Provisions .... 

Journal of the General Assembly . 

Mandamus, for John Rindge, Esq., to the Council 

Governor's Messages 

Answers of the House t 

Loss on Gov. Belcher's salary .... 
Administration of Gov. Benning Wentworth . 
Records of Council (1) 

Letter from Gov. Shirley about impressing seamen 

A French fleet on the coast — affidavits 

Flag of Truce 

Danger from French and Indians 

Expedition against Crown Point 

Sampson Sheafe, notice of 



Pages. 

1-86 

1-28 

2, 11, 20, 26 

3, 18, 27 

5 

10 

13 

29-53 

29-33 

33-40 

40 

41-44 

44 

45 

46 

47-53 

53 

54-86 

59 

2, 77, 80 

5, 76, 78 

84-85 

87-950 

87-133 

93 

109-110 

113, 114 

115 

115, 116 

117 



(l)The reader is notified that the '"Records of Council " in this volume extend to a little 
longer period than does the "Journal of the House," or " Journal of the Assembly." It 
was a matter of convenience to the editor.— Ed. 



VI 



GENERAL CONTENTS. 



George Jaffrey, notice of 

Letter from Gov. Shirley about Indian treaty . 

Submission and agreem'ent of Eastern Indians . 
Journal of the House 

Names of Eepresentatives . . . 134, 162, 80ft, 259, 315, 

Governor's Messages, 135, 145, 148, 149, 151, 162, 164, 167, 197, 
200, 203, 213, 221, 231, 241, 242, 264, 279, 281, 288, 306, 356, 
371, 480, 495, 509, 515, 516, 534, 539, 558, 559, 564. 

Answer to Governor's Messages, 138, 150, 169, 191, 194, 197, 
236, 240, 241, 243, 268, 280, 285, 289, 305, 306, 357, 394, 
424, 482, 510, 518, 523, 538, 557, 558, 559, 574. 

Thanks and Letter to John Thomlinson, Esq. . 

Memorial to his Majesty about boundary lines . 
Miscellaneous Papers 

Bill for taxing new Districts 

Report of Committee to call first meeting in towns . 

Fort William and Mary 

Governor's orders to inhabitants on King's lands 
Journal of the House — resumed 

Dispute on the choice of a Recorder, 191, 194, 195, 197, 199, 200 

James Scales, Rev. or Esq., notice of . 

Letter from Mr. Bastide, engineer .... 

Gov. Went worth, Surveyor-General .... 

A Truck House 

Fort Dummer 

Annapolis Royal, Resolve of General Court of Mass a 

Pay of officers in expedition against Louisburg 

Remonstrance of Committee on emission of paper money 

Petition of inhabitants of Rumford .... 

Controversy on admitting new members to the House 

Gov. Shirley's communication about Louisbourg 

Response of Committee thereto 

Cape Breton Expedition, Plan of operations . 

Memorial in behalf of expedition against Louisbourg 

Memorial of Capt William Vaughan, notice of . 

Letter from Gov. Wentworth to Gen. Pepperell 

Documents relating to Fort Dummer 

Letter of Andrew Wiggin, Esq., to the Assembly 

Christo, an Indian, notice of 

Letter from Col. Joseph Blanchard .... 

Petition of inhabitants of Rumford for help 

General Pepperell' s letter 

Fort Dummer, debate and resolution on . 

Rules of the House 

Allowance of members for travel .... 

Reduction of Louisbourg, Gov. Shirley's letter . 

Council of War at Louisbourg, etc 

Col. Moore's Regiment, officers, 368 ; soldiers . 



Pages. 

126 

127 

131-132 

134-590 

322, 433 



158, 160 
180 

183-189 
183 
185 

187-189 
189 
190 

203, 205 
222 
223 
223 
224 
226 
234 
234 
238 
253 

260-265 
266 
272 
273 
286 
297 
300 

301-304 
308 
311 
315 
317 
319 

320, 337 
325 
331 

360, 361 

363, 364 

943-945 



GENERAL CONTENTS. 



Vll 



etc. 



5! 11 



Address to his Majesty .... 

Memorial of field officers at Louisbourg . 

Letter from Gov. Shirley .... 

Letter from Richard Waldron, Esq. . 

Convention of members of the Assembly 

Message of the Governor and answer thereto 

Allowance to volunteers against Louisbourg 

Canada Expedition, payments for 

Petition of Capt. Daniel Ladd . 

Hon. George Jaffrey — Correspondence 

Town of Monson, note .... 

Crown Point Expedition, Gov. Wentwortlrs message 

Gov. Shirley's letter, respecting .... 

Pennycook, Indians at 

Flag of truce — exchange of prisoners 
Letter from Gov. Shirley and Gov. Knowles, etc. 
Letter from Lords Com 1 ' 8 of Trade and Plantations 
Reimbursement of expenses, Gov. Shirley's letter, 
Massachusetts bill to sink the paper currency . 
Journal of the General Assembly . 
Names of members of the House 

Form of oaths taken 

Gov. Wentworth's Instructions, 10 th and 11 th , 594 

85»\ 595 ; 86 th , 597. 
Hon. William Parker, notice of. 
Matthew Livermore, Esq., notice of . 
Col. John Gilman, Esq., notice of 
Thomas Packer, Esq., Sheriff, notice of . 
Gov. Wentworth — Speeches, 651, 668, 689, 709, 711 

752, 797, 814, 8*3, 836, 844, 858, 905. 
Answers of Assembly to, 656, 669, 699, 711, 763, 
His Majesty's Royal Orders, approving certain acts 
James Clarkson, Esq., notice of 
Forms of mortgages for loan .... 
Paragraphs of a letter from Lords Com 18 of Trade, 
Memorial of officers at Louisbourg . 
Letters from Col. Samuel Moore 
Capt. John Goffe, notice of .... 
Letter from Gov. George Clinton, of New York 
Instructions of Commissioners for Indian affairs, etc. 
Quota of men for different Colonies in Americ; 
John Thomlinson's ace* for gunpowder 
Letters from Charles Apthorp . 
Letter from Capt. John Goffe 
Letter from Col. Samuel Moore, at Louisbourg 
Letter from Gov. Shirley, relating to Convention, etc 
Extracts of letter from Ad. Warren and Gov. Shirley 
Agreement between John Thomlinson, Esq., and John Tufton 

Mason, relative to purchase of Mason's claim . 



Pages. 
369 
370 
372 
400 

427-433 
428 
450 

471-475 
483 

488, 489 
491 
520 
521 
523 

526, 527 

535, 537 
540 
565 
567 

591-914 

730, 751 
592 



84 th and 



618 

626 

. . 633 

. ' . 633 

713, 728, 

816, 850, 859, 860 
653, 654 

685 
687 
691 
771 

777, 778 
783 
789 

789, 790 
791 
799 

799, 800 
800 
801 
810 
818 



etc. 



823 



VU1 



GENERAL CONTENTS. 



Report of Committee to treat with purchasers, etc. 

Letter from Masonian proprietors 

Answer to queries respecting reduction of Canada 

Petition of Inhabitants of Stratham . 

Letters from John Thomlinson, Esq., (extracts) 

Petition of Capt. Ebenezer Eastman, of Pennycook 

John Paul Mascareen, Gov. of Nova Scotia, notice of 

Petition of Samuel Cumings, of Hollis 

Order of his Excellency in relation to officers who had raised 

levies for Canada expedition 

Letter from Coi. Stoddard to Gov. Shirley 
Letter from Gov. Shirley to Gov. Wentworth . 
Information by Moses Bennet relating to French fleet 
Petition of Capt. Eben 1 ' Eastman, of Pennycook, with names 

Important Documents, etc 

Petition to the King, by members of the Council 
Petition to the King, by residents and freeholders 
Petition of John Thomlinson to the King 

Thomlinson Papers 

Sbirley Papers 

List of New Hampshire men in Col. Moore's Regiment, at 
Louisbourg 



Pages. 
826 
833 
839 
847 
851, 852 
859 
859 
861 

867 

869 

870 

877 

880 

915-950 

915 

919 

921 

925-930 

931-950 

943-945 



Names of members of his Majesty's Council of the Province 
of New Hampshire, under the Administration of Governor 
Benning Wentworth, 174*2 to 1749. 



Appointed in 1732. 
1716. 
1724. 
1728. 
1732. 
1733. 
1733. 
1734. 
1739. 
1740. 
1742. 
1743. 
1747. 



RICHARD WALDRON, Sec'y. (1) 

GEORGE JAFFREY. 

JOTHAM ODIORNE. 

HENRY SHERBURNE. 

JOSHUA PIERCE. 

JOSEPH SHERBURNE. 

ELLIS HUSKE. 

THEODORE ATKINSON, Sec'y. (2) 

RICHARD WIBIRD. 

JOHN DOWNING. 

SAMUEL SMITH. (3) 

SAMUEL SOLLEY. (4) 

SAMPSON SHEAFE. (5) 



(1) Suspended by the Governor, March 18, 1742. 

(2) He was appointed, 1732, but did not take the oath of office till 1734; was appointed 
Secretary in place of Richard Waldron, March, 1742. 

(3) Took his seat April 15, 1742. 

(4)Took his seat April 12, 1743, Aft M- , 1) , ^/V/«-2 
(5) Took his seat November 11, 1747. 



NEW-HAMPSHIRE 

PROVINCIAL PAPERS 



VOLUME V. 



Administration of Gov. Jonathan Belcher — continued. 

[The "Journal of the House," continued from October the 20th, 1737. 
See marginal page 528, in printed volume iv, " Provincial Papers.'' — Ed.] 

[p. 5*28.] By Proclamation his Excellency Prorogued the Gen- 
eral Assembly to the first Wednesday in May 1738, as by the 
Proclamation affixed on the Court House dore which the mem- 
bers as they entred the Court House dore tooke down and was 
Read in the House as follows, viz. 

By his Excellency Jonathan Belcher, Esq. Governor and Commander in Chief 
in and over his Majesties Province of New hampsnire in New England. 

A Proclamation. 

Whereas the Gen 1 ' Assembly of the said Province of New hampshire Stands 
Prorogued to the third day of May next, I have tho't fit farther to Prorogue 
them to Wednesday the twelfth of Jidy next at ten of the clock before 
noon, then to meet at the Court House In Portsmouth within said Province, 
and in his Maj^ name the sain Gen 11 Assembly is hereby prorogued accord- 
ingly and all persons concern' d are Required to take notice thereof and to 
pay a Due conformity thereto. 

Given under my hand the seventeenth day of xlpril 1738, in the Eleventh 
year of the Reigne of our Sovereign Lord George the Second, by the grace of 
God, of Great Brittain, France [p. 529.] & Ireland King, defender of the 
Faith, &c. 

By his Excellency* Comand. J. Belcher. 

Ric (1 Waldron Sec^. 

God save the King. 

Wednesday November the 1 st 1738. 

The House met according to Prorogation by his Excellencies 
Proclamation. 

Mr. President Walton came into the House and said his Excell y 



2 PROVINCE OF NEW-HAMPSHIRE. [1738. 

ordered the Gen 11 Assembly to be adjourn'd to Thursday the 2 d 
ins* at 3 o'clock, afternoon and then Declared the Assembly ad- 
journ'd accordingly. 



Thursday November the 2 d A. D. 1738. 

A Mess a from his Excell y , viz. that his Excell y Required the at- 
tendance of Mr. Speaker and the House at the Council Board at 
Mr. Treasurer Sherburn's House. Mr. Speaker and the House 
met accordingly. His Excellency made a speech. Mr. Speaker 
pray'd a coppy, obtain'd it and Return'd. 

His Excell ys speech Read in the House as follows 

Gentlemen of the Council & of the House of Representatives : 

Since I met you last in the Gen 11 Assembly I have nothing new in Co- 
mand from his Maj tie Respecting this Province. The happy ty clings we have 
Received of the Birth of a Prince (Presumptive heir to the Crown of Great 
Brittain) gives us the opportunity of addressing his Maj tie with dutifull con- 
gratulations on the joyful event. 

By the Letters I have received from White Hall by the last ships I have, no 
account [p. 530.J of the settlem* of the Boundary Lines between this & the 
neighboring Province to which great affaire I wish a speedy and happy Issue. 
You will do well to make a carefull Inquiry into the State & circumstances 
of the several Publick Loans and to see whether the Late Acts Respecting 
them are complyed with. By one of the Last Ships from London a p'son 
bro 1 t into the neighboring govern^ a number of Counterfeit Bills of the last 
Emission of this Province, & by the vigalence of that Goverm* one of the ac- 
tors of this villainy is seized with the Plate & some of the Bills. It will 
therefore be wise in you to project some good Bill to be pass'd into a Law to 
prevent the forgeing of your Bills of Credit, or their vallue must necessarily 
sink & the Practice must bring other fatal consequences on the Province. 

Gentlemen of the Council and of the House of Representatives 

If you have anything to lay before me for the Publick Weal I shall give my 
chearfull attention to it. Unanimity in the affairs of this sessions may soon 
bring it to a happy conclusion, nor shall any thing be wanting on my part to 
advance his Maj ties Hon' & Interest together with that of the wellfare of his 
People. 9 bl ' 2 d , 1738. 

J. Belchee. 

Whereas Mr. Robert Boyce is gone beyond Sea & so there's no 
Representatives for the Town of Londonderry, Ordered that a 
Precept be forthwith sent to said Town to make choice of a fit 
p'son to Represent them in GeD 11 Assembly to appear the 8 th curr*. 

Voted, that Nathaniel Weare & John Rindge Esqs. be a Com- 
ittee of this House to draw an answer to his Excellency's speech 
and make return to the House for approbation. 

[p. 531.] Voted, that Mr. George Walton & John Rindge 
Esqs. be a Comittee of the House to joyne with such as the 
Hon ble the Council shall appoint to draw up the Address to his 
Maj tie congratulating the occasion of the Birth of the young 
Prince. 

Voted, That Mr. Jotham Odiorn &> Mr. George Walton be a 



1738.] JOURNAL OF THE HOUSE. 3 

Comittee of this House to Joyne with such as the Hon ble the 
Council shall appoint to tell over the money to be burnt this 
Sessions. 

Then the House adjourn' d to the 3 d ciirr*. 



Fryclay November 3 d A. D. 1737 (1) 
The answer to his Excellency's Speech was Bro't in and Read 
as follows, viz 

May it Please your Excellency. 

We hope we of this House are met togeather with a true desire to do those 
things that may be for his Maj ties Hon r and the good aud benefit of his sub- 
jects in this Province whome we Represent. And your Excel] > r assuring us 
in your Speech your rediness to do, and have put us in mind of those things 
which are of concern! 1 for the good of this Province, we hope it will cause 
the greater unanimity & Despatch with us. 

And we shall gladly congratulate his Maj tie and take the op'tunity to chuse 
a Comitee of this House to joyne with such gen f as may be appointed at the 
Board to draw up what may be tho't proper in order to address his Majesty 
on the joyfull tidings of the Birth of the Prince. As to the Boundary Lines 
between the two Provinces we should have been very glad to have heard that 
it had been settled & hope that in a short time it may come [p. 532.] 
to a good Issue. Respecting the Publick Loans we shall appoint a Com- 
ittee of this House to joyne with such of the Councill as may be appointed at 
the Board to take an Exact Account of what is Bro't in and how those affairs 
stand & then we shall consider what is propper to be done in order to comply 
with the former acts as neare as may be. As to the Bills of Credit that has 
been lately counterfeited we shall take it into consideration and use the best 
means we can to put a stop to such evill practices. 

Novem r 3 d 1738. Andrew Wiggin, Speaker. 

Voted accepted and to be sent up with the vote to address on 
the Birth of the Prince and the vote for a Comittee for telling 
the money to be burnt. 

A Mess a pr Ellis Hurst, (2) Esq. with several Petitions. 

Post Meridiem 

A Petition of the inhabitants of North Hill in hamnton pray- 
ing to be sett of a Distinct precinct <fcc, was read, and voted to 
serve the Select men of Hampton with a coppy & to appeare the 
14 th Curr* if the Assembly be then sitting, otherwise on the 2 d day 
of the sitting of the Gen 11 Ass m at their next sessions. 

A Petition of the Inhabitants of the East End of Kingstown 
praying to be set off a Distinct P'ish, <fcc. the like vote thereon as 
-above — both sent up. 

Then the House adjournal to the 4 th curr*. 

(1) So in the original. Evidently an error.— Ed. 

(2) This name should be Huske.— Ed. 



4 PROVINCE OF NEW-HAMPSHIRE. [1738, 

Saturday 9 br the 4 th A. D. 1738. 

Voted, that all those affairs on Petitions &c. that were to be 
heard the 3 d or 4 th dayes of this sessions of Gen 11 Assembly, that 
the hearings thereof be on the 14 & 15 days of 9 br curr*. 

Ordered, That the clerk send to Dover & Exeter Representa- 
tives that have been absent this Sessions to appeare Monday next 
to attend his Maj tie Service in Gen 11 Ass m at their [p. 533] Perril. 
A message from the Board pr Theo. Atkinson Esq. that the votes 
on the North Hill Petition and Kingstown Petition was con- 
curr'd, and that Geo. Jaffrey and Mr. Secretary was joyned the 
Committee to address, and that himself and Ephraim Dennet,. 
Esq. were to joyne in telling the money to be Burnt. 

A Petition from the Proprietors of Nottingham and a Petition 
of Benj m Rust was Bro't in and ordered to lye till there be a full 
House. 

Then the House adjourn' d to the 6 th curr*. 



Monday 9 br the 6 th A. D. 1738. 
There being a thin House, The House adjourn'd to the 7 tfl 



curr*. 



Tuesday 9 br the 7 th A. D. 1738. 

Capt. Jona. Lad Presented a Petition praying Releif about the 
Division of an Estate, &c. Read & voted thereon that he serve 
the Sev 1L Parties concern' d with a Coppy & to ape r the 14 th curr* 
to shew cause, &c. 

A Petition of Joseph Pevy Praying that he may have allowed 
him £11 : 10. Bills of Credit of this Province, being so much he 
had Burnt in his chest with the other money at his Lodgins in 
Berwick, he having made oath to the same & several parties ap- 
pearing made it manifest it was so. Voted, That the Treasur r 
pay the said Joseph Pevy the sum of £11 : 10 out of the money 
now to be Burnt. 

Post "Meridiem. 
Voted That Thomas Packer & Mr. Samuel Palmer be a Com- 
ittee of this House to joyne with such as the Hon ble the Council 
shall appoint to Draw up an Act for the better Security against 
counterfeiting the Bills of Credit of this Province & against any 
p'son that shall be discovered to Engrave any [p. 534.] Plate for 
Printing off such Bills or any p'son that shall keep such Plate in 
his possession without discovery thereof within 24 Hours or any 
p'son that shall utter knowingly such counterfeit Bill or Bills to 
all or any part thereof (as shall be tho't fit) to be Fellony with- 
out benefit of Clergy, or falsifying any figures or letters in any 



1738.1 JOURNAL OF THE HOUSE. D 

Bills, or counterfeiting any Bill with pen or Pencil, &c. Then 
the House acljourn'd to the 8 th curr*. 



Wednesday 9 br 8 th A. D. 1738. 

For expedition of the Business of this Session, Voted, That 
John Rindge & Nath 1 Gillman be a Coraittee of this House to 
joyne with such as the Hon ble the Council shall appoint to tell 
over the Loan money in Mr. George Jeffreys hands. 

A Mess a from the Board pr Mr. Secretary that the Council 
could not come in the above vote for a second Comittee. For 
then there would not be a Council to act any thing. Mr. 
William Barker, (as one of the selectmen of Portsmouth) Bro't 
in a memorial for an act to Enable Selectmen and assessors to 
make Province Rates &c. which was Read. 

Post Meridiem 

A Petition of the Inhabitants oi Nottingham praying Keleif 
ag 8t the non-residenl Proprietors aboul the paym 1 of their min- 
isters Rates was Read. 

Then the House adjourn'd to the 9 th curr*. 



Thursday November the 9 th A. I). 1738. 
The Draught of an Address to his Maj tic bro'1 in & Read and 
voted it be accepted fairly writ over Sign'd and sent as soon as 
possible. 

[Copied from MS. "Addresses to the King," in Secretary's Office, pp. 11, 12, 
November, L738.] 

To the Kings Most Excellent Majesty — 

The humble Address of the Governour, Council & Representatives of your 
Majestys Province of New Hampshire in New England in America. 

Most Gracious Sovereigne — 

We beg your Majesties Royal permission to embrace this first opportunity 
to presenl to your Majesty our most humble & dutifull congratulations on so 
happy and important an Event as that of the birth of a Prince descended 
from your Majesty, and the immediate offspring of their Royal Highnesses 
the Prince and Princess of Wales. 

This great occasion of our Address, is a great occasion for our joy, and our 
joy is great in proportion to the occasion; for it is not our Remoteness from 
the Brittish Throne that can abate an iota of our allegiance, nor the vast 
ocean that seperates us from our Sovereign that can quench or cool our affec- 
tion to Him. 

If it be our misfortune to be a thousand leagues distant from your Majesty, 
It is our happyness that we can boast of as true a (New England) loyalty as 
that of the most faithful Britons, and that we have as warm hearts and as 
willing hands ready for your Majesties service as the Loyalest of your British 
subjects. 

What we crave leave further to offer is, to assure your Maj tie of our ardent 



6 PROVINCE OF NEW-HAMPSHIRE. [1738. 

Prayers to the Almighty King of Kings, that He will be pleas' d to save his 
anointed by the Saving Strength of his Right Hand, and that after your 
Majesty shall have changed your Earthly Diadem for a heavenly crown, and 
that after his Royal Highness the Prince of Wales shall have received a never 
fading Crown in the Realms of Bliss, the new born' Prince may in a Regular 
Succession long weare that Crown which now nourishes on your Maj ties 
Royal head. 

We are with all possible duty and respect, may it please your Majesty, your 
Maj ties most obedient & most Loyal Subjects and servants. 

Post Meridiem. 

[p. 535.] Upon reading Mr. Parkers Memorial, Voted That the 
Rates and assessments made by the select men and assessors in 
the several Towns & p'ishes within this Province according to 
comon custome for the defraying of the Province charges for the 
time past, shall be accounted good and valid to all intents and 
purposes as the Rates made by them for defraying the Town 
charges &c. and that for time to come The selectmen and asses rs 
for each Town and p'ish or Precinct within this Province shall 
have full Power to make asses mt in the Poles & Estates of all 
within their precincts for defraying the Province charge as they 
have by Law for defraying Town charges & by the same Rule 
and that an Act be drawn up to impower them so to do. The 
above votes sent up. 

Eod m die. A Mess a from the Board pr Mr. Sherrif that the 
above votes was concurr'd. 

Then the House adjourn'd to the 10 th curr't. 



Fry-day, November the 10 th A. D. 1738. 

Voted That Joshua Peirce, Esq. be Recorder of Deeds for one 
yeare & untill the End of the next sessions after the yeare is ex- 
pired and that he take and receive for Every Deed he Records 
two shillings and sixpence for his attestation on the same and the 
like sum for giving Coppys of Deeds &c. and no more. 

Mary Williams prefered a Petition praying liberty of a Retail- 
ing Licence free of Excise. Read & voted she has a Licence till 
next 7 br paying Excise & keeping good orders. 

Post Meridiem 
Mr. Secretary Bro't a Mess 0, that the vote for a Recorder was 
concurr'd and that on Mary Williams Petition was non concurr'd. 

Province of New hampshire, November the 10 th 1738. 

We the subscribers being a committee appointed by the [p. 536.] Gen 11 
Assembly of the Province aforesaid to tell over and receive from the Treas- 
urer of said Province & also from the Comittee of the £15000 Loan Such 
Sums of money as Each should have received on account of the said Prov- 
ince, accordingly we have in pursuance of the authority aforesaid told over 
and received the sundry sums herein mentioned & have Burnt the same in 
the Gen 11 Assembly, viz. Eeceived from Henry Sherburn Esq. Treasurer as 



1738.] JOURNAL OF THE HOUSE. 

part of the 1730£ Loan the sum of one thousand three hundred and thirty 

pounds £1330 

Ree d of Do. being old broken Bills in Exchange for the same Sum 
put into the Treasury, for that end. the sum of three thousand 

pounds. ..." £3000 

Ree d of Do. the sum of one thousand pounds, bein^r the Province 
Tax for the year, 1737 . . £1000 



Siun total from the Treasury £5330 

Rec d of the Comittee for the 15000£ loane by the hand of George Jaffrey. 
Esq r one of the said Comittee. the sume of two thousand and foure pounds. 
and eight shillings, being part of the Loan £2i»4: S 

Sum total being Burnt this Sessions £7334: S 

Ephraim Dennet Samuel Smith 

Theo. Atkinson Geo. Walton. 



Comth 



Then the House adiourn'd to the 11 th curr' 



Saturday. November IT A. D. 1738. 

A Petition of John Rindge praying an abatein 1 of Powder 
money for Capt. Pipons Ship that was Lost and Capt. Phil Thom- 
linsons ship they coming- here without g - and onely to get 
their lading. 

Voted the Prayer of the Petition be granted. 

Voted That Jotham Odiorn Mr. Samuel Smith & Mr. George 
Walton be a Comittee of this House to joyne with such as the 
Hon ble the Council shall appoint [p, 537.] to audit all such ac- 
counts as shall be bro't in to the Gen Ass for allowance 
this sessions. 

A Mi» from the Board the above was coneurr'd and that 
Joshua Peiree. Joseph Sherburn A' Ellis Huske Es [S. were ap- 
pointed auditors to joyne the above. 

Voted. That Richard Jennes & Ge rge Walton be a Comittee 
of this House to joyne with such a> the Hod ihe Council shall 
appoint to Farm out the Excise of this Province to the Highest 
bidder by Vendue, giving a Publick notice thereof and to Farm 
it only from the 15 U May last to the 15 th of 9 1739, the Farmer 
to give good security to the Treasurer. 

Then the House adjournM to the 13 th curr*. 



[p. 53ih] Monday. November 13, A. D. 1738. 
A Mess 8 from the Board thai the Comittee appointed for the 
auditing the accounts was ready to attend the .comittee from the 
house. The comittee for accounts being- out there was not a full 
House to act. The House adiourn'd to the 14 : -' curr't. 



8 PROVINCE OF NEW-HAMPSHIRE. [1738. 

Tuesday, November the 14 th A. D. 1738. 
A Petition of George Townsend & Alexander Ross praying 
paym* for their attend 11 on the vessell Lying Quaranteen on ac- 
count of the small Pox that the owners would not pay them, was 
Read and voted the Petition be Desinis'd. 

Post Meridiem 

Hampton Petitioners Heard, the opposite Parties present. 

The East End of Kingston Petitioners heard, the opposite 
parties being present. N'th Hill Petitioners heard, the opposite 
parties being present. The Petitioners of the South P'ish of 
Portsm heard, the opposite parties present. 

Then the House adjourn'd to the 15 th curr't. 



Wednesday the 15 th November A. D. 1738. 
All the above Petitions voted & sent up 
The comittee on the accounts being out 

The House adjourned to the 16 curr't 



Thursday November the 16 th A. D. 1738. 

The North Hill Petition was sent down with a vote for amending 
viz. In Council 9 br the 16 th 1738, Read & concurr'd with the fol- 
lowing amendment, viz. that the Petitioners be Exonerated from 
paying to the support of a schoole at the old town of Hampton 
no longer than they support a writing and reading schooiemaster 
amonge themselves, and moreover that the Petitioners be not dis- 
charged from paying their Annual Proportion to the grant made 
by the said town of Hampton to the widow Gookin.(l) 

Eod m Die Read and concnrr'd & sent up. 

An act the more effectually to prevent the [p. 540.] counter- 
feiting the Bills of Credit on this Province Read three times and 
past to be enacted & Engrost. A 2 d Petition of Capt. Lads Read, 
& voted he serve all the parties concern'd w'th a coppy & to ap- 
peare the 22 d curr't if the Ass m be then sitting, otherwise the 3 d 
day of the sitting of the Ass m next Sessions. A memorial of the 
High Sherif, Kings Attorney & the , keeper of the goal was read 
praying paym* out of the Treasury for cost Taxed ag* Philip Ken- 
iston who lay a long time in Prison for Burglary & Broke out & 
since Excut d in the Province of the Mass a for the like crime. 

An Act for amendin* of Errors & Defects in Reasons of Ap- 
peals & better advancement of Justice read three times & past to 
be enacted and Engros'd. 

Then the House adjourn'd to the 17 th curr't. 

(1) Widow of the Rev. Nathaniel G-ookin. minister in Hampton, who was ordained 1710, 
and died in 1734, aged 48 years.— Ed. 



1738.] JOURNAL OF THE HOUSE. \) 

Fryday, November the 17 th A. D. 1738. 

An act for the more safe & Easy prosecuting writs of Ejectm* 
& Writs of Trespass and Ejectm* Read three times & past to be 
Enacted & Engross'd. 

An Act for the more easy & speedy assessing & collecting the 
Province Rates and Taxes Read three times and past to be Enacted 
& Engross'd. 

John Barker one of the Constables of Boston sent a memorial 
praying for some gratuity for his Extraordinary service in taking 
the Counterfeit or of our ten shillings Bills of Credit of the new 
Emission was Read. In the House unanimously Voted, that 
there be paid out of the Publick Treasury to the said Barker for 
his Dilligence in taking the p'son & Plate that counterfeited the 
ten shillings Bills of this Province the sum of £15, and that his 
Excellency be desired to Issue out his Warrant accordingly. 

Post Meridiem 

Voted that the thanks of the House be given to those gen*, of 
Boston that were the cause of apprehending the p'sons & Plates 
for the counterfeiting the ten shilling Bills of Credit of this Prov- 
ince for their very great care and Dilligence in that affaire. 

[p. 541.] Before the House had power to send the Last two 
votes up or the Committee of Audit on the Accounts could finish 
to make their Return, 

Mr. Secretary came with a Mess a from his Excell v , viz. that his 
Excell y Required the attendance of Mr. Speaker & the House at 
the Council Board. Mr. Speaker and the House went accordingly 
and after the several Bills past, his Excellency ordered Mr. Sec 7 
to Disolve the General Assembly. 

And then Mr. Secretary declared the 

Assembly dissolved accordingly. 



Province of New Hampshire 

In New England. 
April 26, 1739. P'suant to an order from the Right Hon hle the Lords of the 
Comittee of Council for Plantation Affairs, dated White Hall January 30 th 
1738, I have given a coppy of this Journal to the gen* mentioned in said 
Order. 

James Jeffry. 

[p. 542.] Anno Regni Regis Georgii Secundi Magnw Brit- 
annice, Francice, et Hibernian dbc. Decirno Tertio. 

A Journal of the House of Representatives of his Maj ties Prov- 
ince of New hampshire in New England, began and held at 
Portsmouth in the Province aforesaid October the 24 th A. D. 1739. 



10 PROVINCE OF NEW-HAMPSHIRE. [1740. 

The Persons Return'd according to the King's Writ to serve in 
Generall Assembly for the several Towns are as followeth, viz. 





( James Clarkson 


For Portsmouth, 


< Capt George Walker 




( Mr. Hunking Wentworth 




( Paul Gerrish, Esq. 


For Dover 


■} Thomas Millet, Esq. 




( Capt. Thomas Wallensford 




( Mr. Samuel Palmer 


For Hampton 


< Capt. John Smith 




( Capt Icabod Roby 


For Exeter 


( Capt Peter Gilman 
( Mr. Nathaniel Gilman 


New Castle 


Jotham Odiorn 


Rye 


Capt. Richard Jennes 


Stretham 


Andrew Wiggin, Esq. 


Kingstown 


Ebenezer Stephens, Esq. 


Londonderry 


Robert Boyce, Esq. 


Newington 


Mr. Geo. Walton 


Durham 


Mr. Samuel Smith 


Greenland 


Mr. Thomas Packer 


New Market 


Capt. Edward Hall 



Mr. Secretary Waldron, & Elis Huske, Esq. came into the House 
and said they were authorized [p. 543.] to administer the Oaths 
to all the members return'd to serve in the Assembly that 
were present (and read the Persons names he had the return of) 
which when done, Mr. Secretary said that by order from his 
Excellency to the President that he should Prorogue the Assem- 
bly to the seventh day of the next month. Then Mr, Secretary 
Declared the Assembly Prorogued accordingly. 



Thursday January the 31 Anno Dom. 1739. 

The House met according to his Excelly 8 Prorogation by Proc- 
lamation Dated the 10 th day of December, 1739. 

Eod m Die. A message sent to his Excelly by Mr. Akerman to 
tell him a Quorum of the members were met. 

Eod m Die. Mr. Secretary & Theo. Atkinson, Esq. came into the 
House. Mr. Secretary said they were come to Quallify the mem- 
bers that were not Quallified, which being done Mr. Secretary 
[said] that they were now Ordered by his Excelly to Direct the 
House to make choice of a Speaker. 

before they proceeded to the choice of a Speaker, Capt. Thomas 
Wallensford came as a member from Dover : then a message was 
sent to desire his Excell y Capt. Wallensford might be Quallified as 
a member. 



1740.] JOURNAL OF THE HOUSE. 11 

Eod m Die. Thomas f Atkinson came into the House and said 
he had orders from his Excelly to Adjourn the Assembly till to- 
morrow ten clock a. m. and then Declared the Assembly adjourn'd 
accordingly. 



February the First A. D. 1739-40 a. m. the House met. A 
Mess a was sent to his Excell y to Pray that Capt. Wallensford 
might be Qualifyed as member. The Mess a Return'd his Excell y 
desired the member to come to the Council Chamber. Capt Wal- 
lensford & two of the members went accordingly and after the 
proper Oaths Adm d they return'd 

[p. 544.] Then the House according to his Excell ys direction 
proceeded to the choice of a Speaker. The members bro't in their 
votes for a Speaker. 

Andrew Wiggin Esq. was chosen Speaker. 

Then the House made choice of James Jeffry for their Clerk & 
he was sworn accordingly. 

Then Thomas Millet, Esq. Mr. Nathaniel Gilman & Capt. Ed- 
ward Hall was sent to acquaint his Excell y that the House had 
made choice of Andrew Wiggin, Esq. for their Speaker which 
being done they Return'd 

The House adjourned for two Hours p. m. 

February the First p. m. the House met Eod m Die. A mes- 
sage from his Excelly pr Theo. Atkinson & John Rindge, Esqs, 
viz. that his Excell y Required the attendance of the House at the 
Council Chamber at Coll. Henry Sherburn's. Mr. Speaker and 
the House went accordingly. His Excell y made a Speech. Mr. 
Speaker obtained a copy & with the House return'd 

The speech was read, viz 

Gentlemen of the Council and of the House of Representatives — 

The last Ships from England have bro't us his Maj ties Declaration of War 
against the King of Spaine & this Extraordinary event will greatly affect the 
commerce and safety of this Province, it ought then to be your first care in 
this Sessions to have the Publick Treasury well supplyed that the Frontiers 
by Sea and Land may be put into a State of defence. You will also take the 
needful care for paying the just Debts of the Province & for the further sup- 
port of the Government. 

Fort William & Mary the only Fort of the Province is in a poore condition 
for defence and I shall in a few days lay the Particular State of it before you 
when I hope you will do what may be necessary on your [p. 545.] part that it 
may be sufficiently Repaired and Furnished with all Warlike Stores and with 
men and thereby render it capable of Protecting the People and Trade of the 
Province. You are sensible, gen 4 , I have often recommended this matter to 
former Assmbly^ whose answers have been that the People were not able to 
support this Fort nor defray the other necessary charge of government. 

I am glad to observe to you that the officers of the Millitia tell me the two 
Regiments of the Province are well Furnished with Arms & Amunition & 
that they are Exercised according to Law. But that the appearances are 
thin on Muster days the fine for non appearance not being equal to twelve 
pence sterling, and altho' I have often urged the raising the millitary Fines on 
former Assembly's yet nothing is done in it to this day. I would therefore 



12 PROVINCE OF NEW-HAMPSHIRE. [1740. 

now again Earnestly recommend this matter to you tliat the private compa- 
nies in their musters and also the Regiments at their Gen 11 musters may be 
full and so the whole militia better disciplin'd and fitted for the service when 
ever there may be occasion for them. Such a Law as I now mention past 
about two years ago in the Mass' 1 Bay and the fine appearance of the militia 
of that Province is hardly to be Equalled in any of bis Majesties American 
Dominions. 

I would take this op'tunity also to repeat to you the Instances I have made 
once and againe to other Assemblys for bringing in a good Bill for the more 
Effectual preservation of the mast Trees for the Royal Navy. 

You may depend you cannot in any proceedings of this Sessions more re- 
commend the Province to the Favour of the King than by making ample 
Provision on this head and it will be better taken at this time when there 
may be a great Demand for masts for [p. 546.] the Large Fleet the King 
has lately Equipped. You will, Gen*, give attention to what I have now 
laid before you so much consequence to his Maj ties Hon 5 ' & service as well as 
to the welfare and Prosperity of his good subjects of this Province and what- 
ever you may have to lay before me to the same good purposes I shall readyly 
joyne with you in and so this sessions may be bro't to a happy Conclusion. 

February the 1 st , 1739-40. J. Belcher. 

The Sec y & Joseph Sherburne, Esq. bro't a Petition from the 
Congregation under the care of the Rev d Mr. McGregor in Lon- 
donderry & said it had been read at the Board. 

The Petition was read in the House and voted as the Petition. 
Theo. Atkinson Esq. Bro't down a Petition from the Board 
pr'fer'd by the South P'ish in Portsm read & voted as on the 
Petition. 

Then the House adjourn'd to the 2 d curr*. 



Saturday, February the 2 d , the House met. 

Yoted that James * Clarkson Esq. and Mr. Jotham Odiorn be a 
Comittee of tins House to draw an answer to his Excelly 8 Speech 
and present to the House for approbation. 

Voted that Messrs Hunking Weirtworth & George Walton be 
a Comittee of this House to joyn such as the Hon ble the Council 
shall appoint to audit the Province accompts this sessions and to 
make their return to the Generall Assembly for acceptance. This 
vote, Londonderry Petn. & Portsm. South Parish Petn. Sent up 
pr Mr. Packer & Wallensford. 

Voted That Thomas Millet Esq. Mr. Hunking Wentworth & 
Capt Peter Gilman be a Comittee of this House to joyn with such 
as the Hon ble Council shall appoint to tell over all such money as 
shall be bro't into the Gen 11 Assembly to be Burnt this Sessions 
and to make their return to the Gen 11 Assembly. Sent up pr 
Smith & Roby. 

[p. 547.] The House Adjourn'd to Monday next to 10 o'clock, 

A. M. 



Monday Feb y 4 th A. D. 1739-40 the House met. 

A message sent up pr James Clarkson & Rob 1 Boyce, Esq. to 



1740.] JOURNAL OF THE HOUSE. IS 

the Board to know if they had acted on the votes for the Comit- 
tees, who returned for answer that the Sec y said they had and 
then they Delivered Another Mess a to his Excell y , viz. to pray 
him to direct the Treasurer to, bring in his accompts. 

In the House, Voted that Joshua Pierce Esq. be recorder of 
Deeds for the Province of New hampshire for the yeare Ensuing- 
and untill the end of the next Sessions of Gen 11 Assembly after 
the yeare is up, and that he take and receive for every Deed he 
Records two shilling and six pence and six pence for his attesta- 
tion thereon and the like sum for Every Coppy he gives out and 
no more. 

In the House of Representatives, Voted that Capt. Richard 
Jenncs & Mr. George Walton be a Comittee of this House to 
joyn with such as the Hon ble the Council shall appoint to Farnx 
out the Excise of this Province to the Highest Bidder by Vendue 
giving Publick Notice thereof and to farm it from the 15 th of No- 
vember last to the 15 th of November next, the Farmer to give 
good security to the Treasurer. Sent up pr Mr. Packer. 

The House adjourn'd to the 5 th curr*. a. m. 



Tuesday February the 5 th A. D. 1739, the House met. 
. A mess a sent to see if their was a Council The answer Re~ 
turnd was that the Council were adjourn'd till to morrow 10- 
o'clock A. M. 

The Question was put whether the House should continue their 
Agent in Great Brittaine. It past in the affirmative, And Voted 
as follows, viz. 

Province of New hampshire. 

In the House of Representatives — 

[p. 548.] Whereas John Thomlhison of London in Great Brit- 
tain, Esq. Agent for this House hath w th great Prudence, Dilli- 
gence & Industry pursued the Instruction he hath from time to- 
time received from former Assemblys in relation to the settlem 4 of 
the Boundary Lines & all other affairs for the well being of this* 
Province — Whose conduct hath always been to the great accept- 
ance of former as well as to this House, Wherefore Voted, that 
the hearty thanks of this House in the name and behalf of the 
good People of this Province whome we Represent be given to 
the said John Thomlinson, Esq. and he is hereby Earnestly de- 
sired to continue his good offices in Prosecuting all affairs on be- 
half of this House that may yet lie before his Majestie in Council 
or may come before his Majestie in Council relating to this Prov- 
ince, and that he is by this vote fully authorized & appointed 
Agent for this House and as such to act & Transact any such 
thing or things as shall be transmitted him by the Comittee for 
the good of this Province And that Mr. Speaker Wiggin, John 
Rindge Esq. Mr. Thomas Packer, Mr. Samuel Palmer, Mr. Samuel 



14 PKOVLNCE OF NEW-HAMPSHIRE. [1740. 

Smith, Capt. Icabod Roby & Mr. George Walton be a Committee 
of this House to write the said A^ent & send him a Coppy of 
this vote Feb^ the 5 th 1739-40 

James Jeffry Cler. Asm. 

Capt. Peter Gilman, Capt. Edward Hall & Mr. Nathaniel Gil- 
man Entred their Dissents against the vote for the Agent. 
The House adjourn d to the 6 th curr*. a. m. 



Wednesday Feb. the 6 th A. D. 1739-40 a. m. the House met. 

Ebenezer Stephens, Esq went with two members to the Council 
Chamber to have the proper Oaths Adm d as a member of the 
House. 

In the House of Representatives, 

Whereas this House on the 4 th curr 1 sent a Mess a pr Messrs 
Clarkson & Roby to know if the Board had acted on the votes 
of the House [p. 549.] relating to the Comittees appointed for 
auditing the Province accompts and telling of money, This House 
not having had any message as yet from the Board who they have 
appointed in these affairs, the House Waits to know who they 
are that they may proceed to business. Sent up the vote for Re- 
corder pr Mr. Packer. 

Theo. Atkinson Esq. bro't down a Petition of Hugh xA.dams, (1) 
And a vote of Council about the Comittees, viz. 

In Council, Feb. 6 th 1739 — 
Whereas Messrs Clarkson & Boyce came to the Council Board 
on the 4 th Inst to Inquire whether the Council had acted on the 
votes of the House for appointing an audit and on the vote for 
telling the money to be Burnt who were then answered by the 
Secretary that the Council had concurred with their votes & the 
Gen 1 , appointed to be auditors on the part of the Board went im- 
mediately to the House of Representatives and acquainted the 
Gen', chosen on the part of the Assembly (or at least so many of 
them as they could find) that they of the Council were ready to 
joyn in the Business and the Gen 1 auditors of the Council are 
now waiting for the Gen fc of the Assembly to proceed to Business 
And the Comittee on the part of the Council for telling the Bills 
are likewise ready to proceed in that business. Eph. Dennet, Jos. 
Sherburn & Ellis Husk, Esqs. are the Comittee of Audit and Geo. 
Jaffrey, Joshua Pierce & Theo. Atkinson, Esq r are of the Comittee 
for telling the Bills, Ordered to be sent down. 

Richard Waldron, Sec y . 

(1) In " Miscellaneous Papers " following this Journal of the House, see Petition and Let- 
ters of Rev. Hugh Adams of Durham. Mr. Adams was a man of remarkably eccentric 
character, and the papers respecting him are matters of singular interest and curiosity. — 
Ed. 



1740.] JOURNAL OF THE HOUSE. 15 

The Rev. Hugh Adams Petition read and ordered to lie lor 
consideration. 

P.M. 

The same Petition read again and the Petitioner call'd in to 
explain his Petition. And after hearing, voted that the Petition 
be dismiss'd. 

The Rev. John Blunts Petition read & Debate thereon, Voted 
that the Petition be Dismist. 

[p; 550.] A Petition of John Flood read and debated on and 
voted That the Petition be Dismis'd. 

The House then Adjourn'd to the 7 th curr*. 9 o' the clock a.m. 



February the 7 th A. D. 1739-40 the House met. 

Upon reconsidering the vote of the House on the South Par- 
rish of Portsm Petition of Feb. 1 st Voted that the Petitioners 
serve the Wardens of the North Parrish with a Copy of the Pe- 
tition & the order. Sent up againe. 

The question was put whether the Millitary Fines shall be 
Raised. It past that the fine for a centinels non appearance shall 
be ten shillings instead of five shillings and for a Trooper twenty 
shillings instead of 10s. 

And that for Delinquents in Millitary Watches the fine for non 
appearance to be 10s instead of 5s to continue for 3 years & no 
longer. The House adjourn'd to the 8 th curr 1 . 



Friday, February the 8 th A Dora 1739-40 a. m. The House 
met. 

Sent up the vote for Farming the Excise Mr. Adams Mr. Blunts 
& Floods Pet 11 pr. Messrs Wentworth and Palmer. 

John Rindge, Esq r . Bro't down the Papers from the Board re- 
lating to Capt Ladd's affaire. Joseph Sherburne, Esq. bro't down 
a Petition of Col. Waltons. 

P. M. 

Capt. Ladds affaire Heard. Mr. Amory Council for the Pe- 
titioner and Matthew Livermore, Esq. Council for the Respon- 
dents. After hearing the House Deliberately Debated on the 
several Parragraphs of the Petition referred to the House to be 
dismis'd. 

The House Adjourn'd to the 9 th curr' a. m. 



Saturday February the 9 th A. D. 1739-40. a m the House met. 
Capt. Ladd's Petition sent up pr Mr. Packer. The House ad- 
journ'd to Monday the 11 th curr* 10 oclock a m. 



16 PROVINCE OF NEW-HAMPSHIRE. [1740. 

[p, 551.] Monday Ffeb the 11 th A. D. 1739-40 the House met. 

Mr. Secretary Bro't Down Chester Petition, Mr. Blunts Peti- 
tion & a vote of Council thereon, And also a Mess a viz. That 
Comittee for telling money and for auditing accounts from the 
Board were ready to attend and has been so 2 or 3 dayes — The 
Comittees of the House went on those affaires. Mr. Odiorn one 
of the Auditors last Sessions bro't in an account of Mr. Treasurer 
Sherburn & left in the Clerks Box; — the vote of Council Relat- 
ing to Mr. Blunts Petition read viz. In Council Ffeb the 9 th 
1739. Upon reading the Petition of the Reverend Mr. Blunt, 
dated the 5 th instant, praying the paym't of what is due to him as 
a Gospel Minister on the Great Island, &c. & also the vote of the 
House thereon of the 6 th Inst. Dismissing said Petition as sent up 
yesterday, the Council find that by an Act of this Goverm* (which 
is part recited in said Petition) there was a grant made to the 
minister of said Island for the consideration in said Act men- 
tioned for the sum of £24, to be annually paid out of the Excise, 
which said Act hath not been in any respect repealed or set aside, 
That the Council knows of — For tho' the fund mentioned in said 
Act for the payment of the said money hath by a later Act been 
otherwise appropriated, yet the Council can by no means think 
the Justice or Reason of the Petitioners Demand anyways affected 
thereby, it appearing in this light to the Council they are at a loss 
to know the reason that prevail' d with the House in their said 
vote the Council not having heard the Petitioner on the Premises 
and therefore would be glad the House would enlighten them 
therein before they proceed to vote thereon. Ordered to be sent 
down 

Rich d Waldron, Sec y . 

The House adjourn'd to the 12 th Iffb. curr* 9 o'clock, a. m. 



[p. 552.] Tuesday February the 12 th A. D. 1739-40. a m The 
House met. Mr. Joseph Dearborn's Petition read & Voted as on 
the Petition, the Comittee for Auditing the Accompts waited on 
the Comittee of Council to go on that affaire. The Comittee ap- 
pointed by the Council told them they were ordered to attend as 
the Council and could not attend the Audit. Mr. Sherrif Russel 
Bro't in a memorial relating to the Prison which was read. 

Voted that the Act of Trespass made in the 11 th yeare of the 
Reign of King George the first 1724, be revived in every clause 
thereof and continue for 5 years and that an act be drawn up ac- 
cordingly. 

P. M. 

Voted That there be an Additional act made to the Millitia act 
of the 4 th George relating to the delinquents non appearance on 
Training days, viz. that every person liable to Traine & duly 



1740.] JOURNAL OF THE HOUSE. 17 

warned and not appearing & atending the same shall for each 
dayes neglect pay ten shillings Instead of five shillings in the 
abovesaid Act of the 4 th of George and that the fine in Millitary 
Whatches for non attendance in Watching or Warding be ten 
shillings instead of five shillino-s mentioned in the said act of the 
4 th of George. And that every Trooper for non appearance at 
the time and place of Exercise for each dayes neglect shall pay a 
fine of twenty shillings instead of ten mentioned in the Act of 
the 4 th of George, and that the act continue for three years & no 
longer & that the fines be gathered and disposed of as in the act 
of the 4 th of George aforesaid and that an act be drawn up ac- 
cordingly and that Capt Edward Hall & Capt. Tho. Wallingsford 
be a Comittee of this House to joyne with the Hon ble the Coun- 
cil shall appoint to draw up the above Additional Acts and pre- 
sent them to the House as soon as may be. Mr. Sherrif Russels 
memorial read and voted that Capt. Edward Hall & Ebenezer 
[p.553.] Stephens Esq. be a Comittee of this House Joyn Such as 
the Council shall app* to survey the Prison & see what repairs 
are wanting and make their Return as soon as possible. 
The House adjourn' d to the 13 th curr* 9 o'clock a. m. 



Wednesday Ffeb the 13 th A. D. 1739-40 the House met The 
vote for the revival of the late Trespass act and vote on Mr. 
Russels memorial Sent up pr Mr. Walton. 

Mr. Secretary came with a Mess a from his Excell'y, viz. That 
the House would not disperse for he had something to send 
down. The House ordered the Cler. to write counterfeit on a 
25s Bill sent by Mr. Treasur 1- for allowance. 

Mr, Secretary bro't down the Parrish of Kingstown Petition 
& Londonderry mens Petition and said that was all at present. 
The comittee for telling money bro't in & Burnt £438 : 9 : 7. 

P.M. 

The Londonderry Petition Read & heard by their Council.. 
The Petition of the Inhabitants of the East end of Kingstown, 
read and the Parties heard by their Council and after hearing the 
Kingstown Petition, Voted that there be a Comittee to go and 
view where it may be proper to affix a line and that the Petition- 
ers pay the Comittees charge and that Mr. Thomas Packer and 
Capt Edward Hall be a comittee of this House to joyn with such 
as the Hon ble the Council shall appoint to go on the place in the 
Recess of the Assembly and see and take and make the best ob- 
servation they can where a line may be fixed and that they make 
Returns to the Gen 1 Assembly the third day of the setting of the 
Gen 1 assembly at their next sessions. Ordered the Londonderry 
mens Petition lie till tomorrow morning. 

The House adjourn'd to the 14 th curr 1 9 o'clock, a. m. 



18 PROVINCE OF NEW-HAMPSHIRE. [1740. 

Thursday, Ffeb the 14 th A. D. 1739-40 a m the House met. 
Kingstown Petition sent up. 

[p. 554.] Mr. Wm. Parker bro't in a memorial for an act to be 
made relating to admission of Town Inhabitants &c. which was 
read and voted that Mr. Hunking Wentworth & Capt. Edward 
Hall be a Comittee of this House to joyne with such as the 
Hon ble the Council shall appoint to draw up an act Relating to 
admission of Town Inhabitants & appointing Comittees &c for 
viewing old defective Houses and chimneys & for regulating the 
Poor and putting out such children apprentice as are like to be- 
come chargeable to any Town or precinct or whose Parents do 
not take due care of them. 

P. M. 

The comittee for answering his Excell y5 s Speech bro't in their 
Draught which was read and Debated Parragraph by Parra- 
graph. 

The comittee for telling the money bro't in & Burnt £150 : 11 : 4 
from the Treasurer. 

The House adjourned to the 15 th curr*. 



Fryday Feb. the 15 th A. D. 1789-40, the House met. The an- 
swer to his Excell ys speech read againe and debated upon each 
Parragraph and voted accepted and to be writ out faire and sent 
& is as follows, viz. 

The answer of the House of Representatives to his Excelly 8 
Speech of Feb. 1 st 1739. 

May it please your Excellencie 

The House have maturely wdid your speech and we are verry sensible that 
his Maj ties Declaration of Warr with the king of Spaine (which we have long 
expected) will greatly affect the commerce and safety of this Province and we 
shall do all in our power that the Frontiers by sea and land may be put in a 
state of Defence & also for paying all the just Debts of the Province & sup- 
port of the Government. 

This being the first opportunity we have had of makeing any supply to the 
Publick Treasury or repaire [p. 555] of the Fort, since that ample supply made 
in the yeare 1737, in as much as your ExcelL>' was pleased to Disolve the last 
Genii Assembly before the House had finished the Treasr s Accompts — So if 
now we should make that ample supply that your ExcelP recommends & 
Emit such a Quantity of Bills as are needful to this purpose unless the Period 
of theire being called in can Extend beyond the yeare 1742, we feare it would 
be an insupportable Burden to the People and we should bring upon ourselves 
a greater or more certaine misery than that which we pretend to remedy. 

As to the Repairing Fort Wm & Mary your Excell v cannot but remember 
the act that once past both Houses for raising £6000 for that purpose and 
Building a State House to which you refused your assent and the assembly in 
1737 choose a Comittee to view what was Deficient in the Fort, and agreeable 
to their return made ample Provision therefore in the Treasury Bill for re- 
pairing platforms Carriages &c. and when former Assemblys made any such 
answer as that they were unable to support this Fort and to defray the other 
necessary charges of the government they gave also their reasons at the same 
time, viz. because they could Raise no money but what must come in within 



1740.] JOURNAL OF THE HOUSE. 19 

the before mentioned Period, and in denying to lay a Tax upon the People 
under such limitation they acted agreeable to the sentiments of their con- 
stituants. 

And here we cannot but take notice that tho' your ExeclP" Directs your 
Speech to the Council joyntly with us as to the matter of the Treasury, We 
the Eepresentatives of the Province look upon ourselves as the persons that 
are more immediately concern 3 and that are Principally and Directly to be 
applyed to upon that Head. 

[p. 556.] And as your Excelf v calls us to look back upon what was done by 
former Assemblys we find upon a Review that they have been ready not only 
to vote what was needful to discharge the Debts contracted by the whole Gov- 
ernment, but to pay such sums as have been expended for the bennefit of it 
(Pursuant to his Maj tiea Commission for the settlement of the Boundarys) did 
at their sessions at Hampton October 14 th 1737 pass a vote for the sum of 
£500 to be put into the Treasury for the payment of the commissioners & 
other charges relating to the Boundary Lines. But it had not the desired 
effect. 

And the House of Eepresentatives after frequent and Repeated Disolutions 
have mannifested their opinion that it was for the Interest of his Maj ties sub- 
jects to pursue y f affaire. With respect to what you mention of the fine ap- 
pearance of the militia of the neighboring Province which we have heard 
much of before in the Publick Prints — We should only say we are glad your 
ExeelP" has had the pleasure of seeing it and that tho' ours may never equal 
them in show we shall be glad to do every thing in our power that they may 
be capable of doing as much real service when called to it. From your 
Excelly s so earnestly pressing the effectual preservation of the mast trees for 
the Royal Navy and from what you are pleased to say of the instances made 
once and again e to other assemblies we hope that neither his Majestie nor 
any of his good subjects (whatever opinion it may give them of your great 
care) will be induced to conceive that this Province has been any ways defec- 
tive upon that head. We find indeed that upon a complaint made to your 
Excell- V by the Surveyor Gen 11 of bis Maj ties Woods you was pleased to recom- 
mend it in your speech to the Gen 11 assembly in the yeare 1730, viz. 

[p. 557.] "Gentlemen — I am sorry to have the occasion to Inform you 
" that since my arrival from Great Britain the Surveyor Gen 11 of his Majesties 
" Woods has made large complaints to me of the Difficulties he meets in this 
" Province in the Execution of his Duty according to the Kings Instructions. 
" I am commanded to take especial care that the several Acts of Parliament 
•' relating to the Royal Woods be strictly observed and to aid and assist his 
" Majesties Surveyor by my self & all officers under me to prevent as much as 
"possible the Destruction of the Kings Woods and that all officers (1) therein 
"maybebro't to condigne Punishment. I therefore depend on your great 
" rediness to discountenance every thing that may have a tendency to preju- 
" dice his Majesties service and Interest in an affaire of which he is so tender 
" and of such Importance to his Royal Navy & I do assure you that the Enact- 
" ing such Laws as may be further necessaiy for the better security & pres- 
" ervation of the nursery of Royal Masts will be taken as an instance of your 
"Duty and respect to the King." 

And we at the same time find that they made the following Answer, viz. 

"And for the preservation of his Maj ties Woods, as we always were ready so 
" we shall always remain ready & willing to do any tiling that we can which 
" may contribute to the preservation thereof according to the several Acts of 
*? Parliment made for that end and if there be any acts that may be made for 
" the preservation of a nursery of Timber which may be fit for the Royal 
" [Navy] we shall be ready to do any thing that we can for the preservation 
P thereof." 

And its well known that we have a Law in the Printed Law book laying a 
hundred pounds sterling Fine upon one that shall cut down a mast Tree, 

(1) Offenders. ?— Ed. 



20 PROVINCE OF NEW-HAMPSHIKE. [1740. 

which together with the Acts of Parliament already made are so well con- 
trived that not any thing that we can do can possibly mend them [p. 558.} 
And if his Majesties Surveyor Gen 11 & his officers had the needful aid and fa- 
vour from your Excel]/ & officers that is required, we hope that for the future 
no p'sons will be so vile as to Trespass in this great affaire as they have dout- 
less heretofore done. And if any thing farther can be done on our part we 
shall be ready to do it. 

We wait every day in Expectation of hearing his Majesties Decision in 
Council respecting our Boundary Lines and when we know the Frontiers of 
our Province (and who they are that must contribute towards the support of 
the Grovernment) we shall then be the better able to put them in a State of 
Defence. 

Upon the whole as we think there is an inseparable conection between his- 
Majesties Honour & Service and the True interests of the Province, we shall 
be always governed by those views. And as former Assemblys by their Duty- 
full behavior have already recomended themselves to the favour of their Sov- 
ereigne we doubt not but that we shall have the continuance of it being re- 
solved to do every thing that can be expected from a good. and Loyal People. 

February 15 th 1739-40. 

Andrew Wiggin, Speaker. 

Thomas Millet Esq. Entered his Biscent ag st the answer of the 
House to his Excell ys speech as now voted to be copyed & sent. 
Capt Peter Gilman, Capt. Edw d Hall and Mr. Nathaniel Gilman 
Does the like. 

The Comittee appointed to write to our Agent Bro't in the 
Letter they had writ to send him which was read & signed in the 
House and ordered to be sent with a coppy of the vote which 
Letter and Coppy left on file (1) was examined in the House. 

Deny Petition And Mr. Parkers Memorial sent up pr Capt Hall. 

P. M. 

Mr. Secretary bro't a message from his Excelly and read it and 
laid it down with a Return of the Gen* his Excell y sent to view 
the Fort. His Excelly 8 message as follows, viz. 

Gentlemen of the Council and of the House of Representatives. 

[p. 559.] I have ordered Mr. Secretary to lay before you the particular 
state of Fort Wm & Mary the only Fortress of this Province, and except 
the Guns formerly presented by the Crown to the Province it is naked of 
every thing necessary for Defence. You will therefore wisely consider the 
danger of the Province in this time of War and do your Duty to the King 
and his People by raising money to put the Fort into good repaire and supply 
it with men, powder, and all other necessary war-like Stores. 

Feb. 15 th 1739-40. J. Belches. 

His Excelly 8 Warrent & Return of the Committee as follows. 
viz. 

To the Hon ble Joseph Sherburn & John Eindge, Esqs. 

You are hereby authorized and directed to repaire to his Maj ties Fort Wm. 
& Mary on the Great Island as soon as may be with conveniency, and to 
take a view of the said Fort and of all the Stores of war therein and report 
to me the State and Condition of the said Fort and render to me an account 
of the said Stores under your hand And the Hon ble Shad a Walton, Esq.. 

(l)This letter cannot now "be found.— Ed. 



1740.] JOURNAL OF THE HOUSE. 21 

Capt. of the said Fort is hereby ordered to receive you into the same & to 
shew you the said Fort and Stores in order to your Effectual executing this 
Warrant. 

Given under my hand at Portsmouth the 13 th day of Feb. 1739-40, and in 
the 13 th yeare of his Majesties Reign. 

J. Belchek. 

In obedience & pursuant to the within Order, We, the Subscribers did re- 
pair to his Majesties Fort Wm & Mary on the Great Island which with 
the Stores therein was shown to us by the Hon ble Shadrick Walton, Esq. the 
State and account of which is as underneath, viz. 

The wails on the South part of the Fort verry much broken & decayed, the 
Platform rotten, nine guns on that line mounted & five of the carriages verry 
much decayed, 4 guns mounted next the naggstaff pointing to the South and 
one of the Carry ages Rotten, 4 guns mounted at the East end of the Fort in 
good Order, [p. 560.] on the north side of the Fort 13 guns mounted point- 
ing up the River, the Platform on which they Stand & the Carrigages verry 
good, at the Fort on each side of the Gate a gun mounted but one of the 
Carryages rotten, without the Fort 9 field peices mounted in good order, the 
Powder House in good order to receive Powder, with one half bbl. of powder 
only therein with a bundle of match & ab* a Reame of Cartridge paper. 
Nigh the Powder House in the Fort 4 pile of sbot about 1000 in number and 
in the old Guard House ab* 200 shot for the Field pieces. The old Guard 
House verry much decayed, the Gunners House verry much out of Repaire, 
17 small arms one of which onely fitt for present use, 21 Cartridge boxes, 8 
formers, 12 ladles, 4 worms, 7 spunge heads 6 Ramer heads, 2 boxes of part- 
ridge shot, 20 aprons for guns, 7 iron Crows 7 Crab handspikes, the Centry 
Boxes all gone. 

Fort Wm & Mary, Joseph Sherburn 

Feb. 14, 1739-40. J. Rindge. 

An act to Enable Proprietors of Townships & common & un- 
divided lands to asses & Tax &c. read 3 times & past to be en- 
acted & engross'd & sent up pr Capt. P. Gilman 

Mr. .Secretary bro't down the Petition of the South Parrish in 
Portsmouth. Suspended til next Sessions. 

Theo. Atkinson, Esq. bro't down Math. & others Petition which 
was read & voted it be dismist. 

The House adjourn'd to the 16 th curr*. 



Saturday, Feb. 16 th A. D. 1739-40 a. m. The House met. 
The answer of the House to his Excelly 8 speech sent up pi- 
Messrs Hall, P. Gilman & H. Went worth. 

The House adjourn'd to Monday, the 18 th curr* 10 o'clock a. m. 



Monday Ffeb the 18 th A. D. 1739-40 the House met. 
The House adjourn'd to the 19 th curr* a. m. 



Tuesday, Ffeb. the 19 th 1739, a. m. the House met. 
[p. 561.] Voted That Nathaniel Gilman & Mr. Samuel Palmer 
be a Comittee of this House to wait on the Treasurer and ask 



22 PROVINCE OF NEW-HAMPSHIRE. [1740. 

him whether he has drawn out his accompts of the Province 
according to appropriation of the late act & if not to know by 
what time they will be ready. The Comittee return'd & said 
they had delivered their Mess a and had for answer they would be 
ready in the afternoone. 

Elis Huske, Esq. bro't down Mr. Dearborn's petition. 

Theo. Atkinson, Esq. bro't a Remonstrance about som of the 
Debts of the £1730 and of the Hansons & others taking on 
themselves the paym* of Capt. Gerrishes money having some time 
allowed them. 

The Question was put whether any supply shall be made for 
the Fort. It past in the affirmative, then the question was put 
for suply of the Frontiers. It past in the affirmative. 

P. M. 

The Question was put whether a Comittee should be sent to se 
w* was absolutely necessary at the Fort. It past in the affirma- 
tive, and voted. 

Upon reading his Excell y message relating to the Fort Wm & 
Mary of the 15 th curr* & of the report of the comittee his Excell y 
sent to view the said Fort & Stores made the 14 th curr*, Voted, 
that Capt. Edward Hall & Mr. Jotham Odiorn be a Comittee of 
this House to joyne such as the Hon ble the Council shall appoint 
to go down as soon as possible & view what is now absolutely 
necessary to be done at the said Fort & Stores and to bring a 
particular return as neare as they can compute what the charge 
may be & make their return e to the Gen 1 Assembly as soon as 
they can. 

Sent up pr Capt. Roby. 

Mr. Dearborn & Respondents cal'd & heard on his Petition & 
voted that the Prayer of the Petition be granted and the Peti- 
tioner have liberty to bring in his Bill 

The House adjourn' d to the 20 th curr* a. m. 



Wednesday Feb 20 th A D 1739-40, a. m. the House met. 

The comittee of audit of this House waited on the Treasurer 
for his accompts. They return'd answer That the Treasurer said 
his accompts were ready [p. 562.] but that the Council were gone 
down to the river with his Excell y . 

Whereas there is now depending in the Superiour Court of this 
Province for the Tryal of sundry persons for uttering counterfeit 
bills of Credit of the Collony of Rhode Island, which tryall will 
be fruitless without some evidence of the signers or Plates from 
Rhode Island, Therefore, In the House of Representatives, Voted, 
That his Excell y be desired to Direct the Sec y to write the Hon ble 
John Wanton, Esq. Governour of Rhode Island to desire him that 
some of the Signers of the Bills of that collony (that are coun- 



1740.] JOURNAL OF THE HOUSE. . 23 

terfeited) may be desiered to come here at the time of Tryal at 
such time as our s d Superiour Court may adjourn too for Try all 
and that the Treasurer provide for the said Gen 1 entertaimn* 
while here, and that the Treasurer be allowed for the sum ad- 
vanced for said Entertainm* in his accompts. 

In the House of Representatives, Pursuant to his Excelly 8 mes- 
sage of the 15 th curr* relating to the Fort ¥m & Mary, voted 
That there be a Tax of one thousand pounds Raised on the Polls 
& Estates of the Inhabitants of this Province & paid into the 
Treasury by the last of December next for the Repaire of the 
Fort & Frontiers — not sent up. 

Upon motion made for taking the Hansons Bonds for that part 
of the £1730 money that was due from the Estate of Richard 
Gerrish Esq. Deceas'd, Voted, That the Treasurer take the said 
Hansons & others Bond for the Principle and Interest at 2 1-2 pr 
ct. from the 25 th of April 1729 (the interest being paid to that 
time to Mr. Ephraim Dennet) and also the cost of suite Ex- 
pended in Courts on said Bond & that the said Treasurer take 
their Bonds payable for the same by the first day of May next 
Ensuing the date hereof. And that upon the Treasurers receiv- 
ing the said Bonds the Estate & Ex rs of the said Richard Gerrish 
be wholly discharged of said orriginal Bond & Judging 

P. M. A vote past for Raising a Tax of £550 to be bro't in 
any Bills by the last [p. 563.] of December next being for pur- 
chasing Powder &c for the Fort & suply for the Frontiers, past. 

The House adjourn'd to the 21 st curr*. 



Thursday, Ffeb the 21 st A D. 1739- a m. the House met. The 
vote for the Fort & Frontiers, Dearburn's Petition, Rhode Island 
vote, Hansons vote, Mathes petition and Mrs Maccresses letter 
sent up pr Messrs Packer & Walle'nsford. 

Burnt of the £15000 Loan from George Jaffrey, Esq. £589 : 2 : 4 
And of Tax money from the Treasurer, £19 : 11, for the year 
1739. 

The act in Addition to the former act about the millitia read 
three times and past to be enacted and Engross'd & sent up pi- 
Messrs Smith & Gilman. 

In the House of Representatives. Whereas this house has 
been waiting sundry days for the Comittee of Audit to adjust the 
Treasurer accompts & the Committee of audit of this House hav- 
ing bro't in this day from the Treasurer an Irregular accompt for 
the advice of the House on it which said accompt being contrary 
to the sundry appropriations made by the late act of this govern- 
ment for the supply of the Treasury, And this House not know- 
ing any adjustment made with the Treasurer since the Ballan c 
made ma r 11 th 1736, Wherefore Voted That his Excell y be desired 
to Direct the Treasurer forthwith to lay before the Committee of 



24 . PROVINCE OF NEW-HAMPSHIRE. [1740. 

audit his accompt with this Goverm* comencing from the Ball a 
made in 1736 agreeable to the sundry appropriations made in the 
last act of this Governm* in order the Comittees of audits passing 
upon the same that the maine business of this^Province may be 
no longer delayed. 

Whereas the charge this Government has been at for nine 
years past in defending themselves against the encroachments of 
the Massachusetts Governi* and settleni* of the lines, charges of the 
Hon ble Comiss rs appointed by his Majestie for heareing and judg- 
ing about [p. 564.] the lines, the Repaire of the Fort Wm & Mary 
and defence of the Frontiers and all other charges of Govern- 
ment in case of a French war must all be paid into the Treasury 
by the yeare 1742 which is much more than the People are able 
to p'form, Therefore In the House of Representatives, voted, that 
there be a Comittee of this Gen 1 Assembly appointed to address 
his most Excel! 4 Majestie That the time limitted in his Excell ys 
Instructions may be altered to a longer time as in his Majesties 
wisdom he shall see meet, and to give liberty of a further Emis- 
sion as the necessity of the Province may require. And that 
Capt Icabod Roby, Mr. Tho. Packer Ebenezer Stephens Esq. & 
Mr. Jotham Odiorn be a Comittee of this House to joyne such as 
the Hon ble the Council shall appoint to draw up said address. 

James Jeffry Cler. Ass m . 

In the House of Representatives, voted, That in case the above 
vote shall not be concurr'd w th at the Board, That then the same 
Comittee of the House do in the recess of the Assembly (or in 
case of a Disolution) Address his most Exce 11 Majestie in the 
name of the House for a further Limitation as above and that 
the Comittee send it to the Agent for this House desiering him 
to solicit it. 

Ffeb. the 26 th (?) voted. James Jeffrey Cle r Ass m . 

In the House of Representatives, Voted that there be an act 
made in Addition to an Act made in the fourth yeare of his 
Maj ties King George the First Reigne about Powder money that 
it be made that every Ship Forreigner or other vessel lyable by 
law to pay Powder money shall from and after the Publication of 
the said Act pay three shillings in money or one pound of good 
Gunpowder pr Tun for the support of his Majesties Fort Wm & 
Mary Instead of two shillings mentioned in s d Act & that the 
Treasurer or other p'son as shall at any time be appointed to re- 
ceive the same shall take receipts from [p. 565.] the gunner of 
said Fort or other p'son or p'sons to whom he delivers Powder for 
the use of y c Government. Feb. 21 st , 1789-40. 

Post Meridiem. 
The Powder vote reconsider* and the Question put for 4 s neg- 
ative then 3 s affirmative then the Powder vote & vote to address 
sent up 



1740.] JOURNAL OF THE HOUSE. 25 

Eod m Die. Theo. Atkinson & Jos. Sherburn Esqs. bro't down 
the Powder vote to be made equal to one pound of Powder. In 
the House &c. the above reconsidered & voted that the House ad- 
here to their former vote & that the Act continue for three years 
& no longer. 

Eod m Die. In the House &c. upon a second reconsideration of 
the above vote, voted that the sum be four shillings pr Tun in- 
stead of the three Shillings in the vote. 

Capt. Huske bro't down the Londonderry mens Petition with 
the House's vote n on-con curr'd & a vote of Council thereon. 
The House con curr'd the Council vote. 

Theo. Atkinson bro't a memorial from the Judges of the Sup 1 ' 
Court, &c. 

The House adjournal to the 22 d curr 1 . 



Fryday, Feb. 22 d A. D. 1739-40. a. m. the House met. Lon- 
donderry mens Petition sent up. A Petition of Wm King & 
others and Joseph Downing Praying the Docking & Entaile on 
p* of the Land s d Downing possess d was read & voted the Prayer 
of the Petition be granted & y l y c Petitioners have liberty to 
bring in their bill accordingly. Sent up. 

The memorial of the Judges &c. read and the vote of Council 
thereon, viz. In Council Feb. 21, 1739, Voted, that Jotham 
Odiorn, Ep. Dennet & John Rindge, Esqs. be a Comittee to joyn 
with such as shall be chosen by the House of Representatives to 
take into consideration the within memorial and to report that is 
proper for the Courts to do thereon. 

Rich d Waldron, Sec y . 

Eod m Die In the House of Representatives the within memo- 
rial read & the vote of Council thereon, & voted that Mr. Thomas 
Packer & Mr. Hunking Wentworth & James Clarkson, [p. 566.] 
Esqr. be a Comittee of this House tojoyne w th the above Comit- 
tee of Council for the ends proposed. 

James Jeffrey, Or. Ass m . 

Theo. Atkinson Esq. bro't down the vote of the House of y e 
20 th Curr't for supply of Powder & f for y e Fort & Frontiers 
with a vote of Council thereon for amendment. 

P. M. 

The vote of the House of the 20 th curr*. & the vote of Council 
thereon as follow eth, viz. 

In the House of Representatives. 
Pursuant to his Excell 3 ' 8 Mess a of the 15 th ' eurr* relating to Fort 
Wm & Mary, 
Voted, That there be a Tax of eight hundred and fifty pounds 



26 PEOVINCE OF NEW-HAMPSHIRE. [1740. 

raised on the Poles & Estates of the Inhabitants of this Prov e 
and paid into the Treasury by the last day of December next in 
any curr* Bills of Credit [A. Seven hundred pounds of it to be 
applyed for the purchasing fifteen bb of Powder for the Fort Wm 
& Mary, to be expended in real and absolute defence, and for no 
other use, intent and purpose whatsoever. The remainder of the 
£700 to be for y e repaire of the carriages and wheels of the South 
Platform of said Fort and that Platform and the Houses, & to be 
used where the most necessity is at present as far as it will go, 
And one hundred and fifty pounds of the said £850 be applyed 
for the purchasing of necessary stores for defending the Frontiers 
in case of the French war] and that the Treasurer take receipts 
from the comanding officer in the Fort for what Powder he de- 
livers and that the Treasurer issue out his Warrants for the bring- 
ing in the said £850 according to the last proportion, and that an 
Act be drawn up accordingly, and that Mr. Thomas Packer & 
Samuel Smith be a Comittee of this House to joyne with such as 
the Hon ble Council shall appoint to draw up said act accordingly. 

In Council Ffeb 22, 173 9-40. 
Read and concurred with the vote on the other side with the 
following amendm*, that the sum mentioned therein be paid into 
the Treasury in Publick Bills of this Province instead of any 
Publick Bills of Credit, and that £700 of the sum be for a stock 
for Fort Wm & Mary And that the remaining £150 of it be for 
covering and securing [p. 567.] the Land Frontiers instead of the 
words marked A. 

Rich d Waldron, Sec^. 

In the House read and non concurr'd 

James Jefrry, Clr Ass m . 

P. M. 

The Treasurers Accompts argued upon. The House adjourn'd 
to the 23 d curr*. 



Saturday Ffeb. 23, A D. 1739-40 a m. The House met. The 
Secretary bro't a written Mess a from his Excel y and read it and 
gave -it to the Speaker, viz. 

Gentlemen of the House of Representatives : 

This Session is spun out into a considerable Length & I am ready to give 
my assent to what acts have been past in it. If you have any thing material 
still to do I should be glad you would give it dispatch, that the Court may the 
sooner rise. 

J. Belcheb. 

Feb. 23, 1739-40. 

Eod m Die. the Answer of the House of Representatives to his 
Excelly 8 Message of this day 



1740.] JOURNAL OF THE HOUSE. 27 

May it Please your Excelly. 

There being considerable Omissions of some sums in the Treasurers Acc ts 
presented to this House yesterday that ought to have been carryed forward 
in the said accompt w ch is the only thing that hinders the maine business of 
the Province at present. 

J. Jeffry Cler. Ass m 

The Trespass Act read 3 times and past to be enacted & stand 
5 years. Sent up. 

In the House of Representatives. 

Pursuant to his Excelly 5 Mess a of the 15 th curr* relating to the 
Fort Wm & Mary, Voted, That there be a Tax of £850 raised on 
the Poles and Estates of the Inhabitants of this Province & paid 
into the Treasury by the last day of X r next in curr* Bills of 
Credit of this Province, £700 of it to be applyed for the purchas- 
ing 15 bb of Powder [p. 568.] for the Fort Wm & Mary, the re~ 
mainder of the £700 to be for rep aire of the South Platform in 
said Fort & the wheels & Carriages in s d Platform & the Houses 
and to be used where the most necessity is at present as far as it 
will go, and £150 of the said £850 to be applyed for the purchas- 
ing of necessary stores for defending the Frontiers in case of a 
French War & that the Treasurer take receipts from the comand- 
ing officer in the Fort for w t Powder he delivers, and that the 
Treasurer issue out his Warrants for the bringing in said £850 
according to the last Proportion and that a Act be drawn up ac- 
cordingly, and that Mess™ Thomas Packer and Samuel Smith be 
a Comittee of this House to joyn with such as the Hon ble the 
Council shall appoint to draw up said Act accordingly, and that 
Jotham Odiorn, jun. be' of this House to joyne such as the Hon ble 
Council shall appoint to'se the repairs of the Fort done agreeable 
to the above vote. Sent up. 

Mr. Secretary bro't the Londonderry mens Bill which was read 
and another Mess a from his Excell y , viz. that since the affairs of 
the Goverm 1 are not finished his Excel! 7 desires the House would 
set this afternoone and that his Excell 7 will adjourn the Council 
to Monday 10 o'clock instead of 3 as usual & desires the House 
would adjourn to the same time. 

Geo. Jaffrey & Theo. Atkinson Esqs. bro't down the last Vote 
for the Fort & Frontiers, &c. & s d that the Fort wanted present 
money, and in that Vote it would [not] come in till X r next, and 
y* the words — for real and absolute service and defence, — are 
words the goverm* cannot consvt too, — their Mess a being at large 
they used some argum* 8 and then withdrew. 

It was put to vote whether the Treasurer shall be allowed to 
bring in in his accompts any outstanding debts in the Constables 
hands or charge himself with the whole Tax as the Law directs to 
be gathered. The vote past that he shall charge himself with the 
whole and not bring in any outstanding debts in the Constables 
hands. 

Mr. Secretary bro't down King and Downings Bill which was 



28 PROVINCE OF NEW-HAMPSHIRE. [1740. 

red — the question was put whether £850 be struck for the [p. 569.] 
Fort and Frontiers — negatived. The question was put whether 
the words (absolute service and defence) be struck out — affirm 1 . 

P. M. 

Whereas there are sundry Extents on the Mortgaged Lands 
ought to be extended for non-payment of their parts of the 
£15,000 Loan, and som extended, & no sale made of the Lands 
so extended, which still Keeps the money on that fund outstand- 
ing contrary to the Intents of the Acts and Votes of the Gen 1 
Assm. heretofore made. 

Therefore, Voted, that his Excell y be desiered to direct the 
Comittee appointed in that affair forthwith to make an end thereof 
according to the late act made & provided without delay. The 
Londonderry mens Bill & King & Downings Bill read 3 times & 
past to be enacted. The House adjourn' d to Monday the 25 th 
curr* 10 o'clock. 



Monday Ffeb. 25 th A. D. 1739-40 a. m. The House met. The 
two Bills past Saturday & vote ab* the £1500 sent up. Bro't in 
and Burnt £71: 1. outstanding Money for the year 1736 — more 
£39 : 8 of the tax for the yeare 1739. 

Mr. Secretary bro't into the House, King & Downings Bill, 
Londonderry mens Bill, the Tresspass Act, and the Millitary Act 
for the Speaker to signe, which was done & then the Sec y with- 
drew. 

P. M. 

The question was put whether £850 be struck for the Fort and 
Frontiers, or to stand as in the vote. It past for Money to be 
struck off. A vote ordered to be writ for £900. 

In the House of Representatives 
Pursuant to his Excelly 8 Mess a of the 15 th curr* relating to 
Fort ¥m & Mary, voted that there be forthwith struck off on 
the Large Plate last made the sum of £900, and signed off by 
the Signers that signed the Last 



NOTE BY THE EDITOR. 

Here the Journal of the House ends. The Session however continued one 
day longer, and then the General Assembly was dissolved. A new Assembly 
was called and convened at Portsmouth, July 21 st , 1740, which continued till 
August 7 th of the same year, and was dissolved. Still another General As- 
sembly was convened February 12 th 1740-1, which appears to have continued 
till March 18 th , 1740-1. Of this latter General Assembly, we have only scanty 
Records. No Journal of the House during the aforesaid period is found, but 
the Journal of the Council and General Assembly which follows, compared 
with certain miscellaneous papers, annexed, in which the House distinctively 
took a part, will serve to throw light on this part of our Provincial history. 



MISCELLANEOUS PAPERS. 



NOTE BY THE EDITOR, 



The following Memorandum and Province Accounts are copied from the 
"Appendix to Journal of the House, 1724-1743," pp. 581-593. 



Memorandum of the Brass Weights Bought by the Province of 
New Hampshire for Standards to lay weights by, 

One fifty six pound 

One Twenty Eight pound 

One 180 ounces 

One 120 Do. 

One 60 Do. 



PROVINCE ACCOUNTS. 

Province of New Hampshire, 

To be paid into the Treasury according to acc f . 



In the year 


1724 




1725 




1726 




1727 




1728 


May the 8 th , 1722 


j 1729 


to be burnt. 


( 1730 


8 br , y e 27 th , 1722 


( 1731 


to be burnt 


1 1732 



1724, X v 



10 th An Act made Emitting 



2000 : 1 M. to be burnt, in 



1733 
1734 



Dr. 



£1076: 


16 


1076: 


16 


1076: 


16 


1076: 


16 


1076: 


16 


1400 




1400 




1000 




1000 




£10184: 


00 


1000 




1000 





30 



PROVINCE OF NEW-HAMPSHIRE. 



1725, X br 31, 2000£. one M in y e yeare 1735 

1736 

1726, X br 2 d , £442 : 9 : 9 to be burnt. 1737 



" X br 17, 
1726, X br 17, 



557 : 10 : 3 idem 
1000£ to be burnt in 



1737 

1738 



1000 
1000 
442: 9: 9 

557: 10: 3 
1000 



16,184 

1727, May 20 th 1000£ to be Burnt in 1739 . 1000 

1000 Do in 1740 . 1000 

1729, May 14 th 1076£ to be burnt in 1741 . 1076) 
1736 4000 to be burnt 1741 . 4000 \ 
1729 X hr y e 19 th 700£ to be burnt in ) 1742 ) 9Ann 

1730, 7 er y e 12, 1300£ to be burnt in j 1742 j " " UUU 
1736, 2500 to be burnt in 1742 . 2500 
1740, 2700 for the West India Expe d . 2700 
1740, 500 for the Lines 

May 7 th , 41, 400 for powder. 

1722, To 5384£ Bills Imprest for the Exchange of those 
Imprest before the yeare 1716, which was Comitted into 
the hands of Mark Hunking, Geo. Jaffrey & Richard 
Wibird Peter Weare & John Gillman, Esqrs, & John 

to the votes of 8 br 27 th 



5076 



according 



Plaisted, Trustees 
1722 

To y e Sume of £1500 money Sent in 8 br 1714 at 
pr Annum. 
To the same sum £1500 Money Sent in 8 br 27 th 1716 at u 

per Ct. pr. Annum 
To 230£ at the same time & Interest 

May 1732. The Excise Act comenced& Lett to Capt. Stephen 
Greenleafe for 3 yeas at £ — pr Annum 
Of the 15,000 Pound Loane money there has been Burnt 



£5384 
1-2 per Ct 



£1500 

£230 



May the 26 th , 1720 
May the 18, 1721 

8 br the 7 th 

Feb. 19, 1722-23 

May 30, 1724 .... 

May 29, 1725 .... 

December 27 th , 1726 . 

May 4 th 1727 .... 
X br 12 th , 1729 Bro't in by Geo. Jaffrey . 
May 17, 1732, Bro't in & Burnt from Do. 
Jan^ 8, 1733-4 Br° in from Do. & Burnt 



£918 
780 

&30 
143 
321 
626: 
300: 
202: 
88: 

2152: 
356: 

1032: 



Province of New Hampshire. 
Pr Contra 
1725, May y e 27, There was Bro't in and Burnt for 
the yeare 1724 £1076 



0: 
10: 
04: 

8: 
12: 

3: 
14: 

3 

11 : 
11 



Cr. 



16 



MISCELLANEOUS PAPERS. 



31 



Ap r 15 th 1726, Bro't in pr Treasurer Penhallow of 
Tax for y e yr 1725 ...... £738 

By y e Exe r of Mr. Penhallow & Mr. Geo. Jaffrey of 
the tax for the yeare 1725 .... 

May y e 4 th 1727, Bro't in &Burn by Treas r . Jeftry, Esq. 
of the Tax for the yeare 1726, the sum of . 984 

1723, X br 12, Br the several sums Exchanged & bro't 
into the Assembly & burnt, viz. 



17 



17: 10 



By Maj r John Gilman . 


£82: 3 


: 3 








Geo. Jaffrey 


121: 10 


: 6 








Richard Wibird . . 


117: 16 










Mark Hunking . 


35: 18 


£ 


357 


: 8: 


3 


13 By John Plaisted . 


432: 


7 




1724, May 30, By George Jaffrey Esq. 






142: 


11 : 


6 


Coll. Peter Weare . * . 






21: 


3 




John Plaisted, Esq. 






11: 


3: 


6 


By Richard Wibird 






76: 


5 




Mark Hunking, Esq. 






31: 


5 : 


6 


X br n th By Richard Wibird . 






103: 


13: 


9 


Geo. Jaffrey 






36: 


16: 


3 


Peter Weare . 






26: 


18: 


6 


John Gilman . 






36: 


16: 


6 


1725, May 29 By John Plaisted . 






37: 


13 




Peter Weare . 






40: 


14: 


6 


Richard Wibird, Esq 






68: 


13: 


3 


Geo. Jaffrey 






84: 


11: 


3 


Mark Hunking 






9: 


9 




X br 31, 1725, By Richard Wibird, Esq. 


' £80*: 12: 


3 








Geo. Jaffrey, Esq. 


. 57: 14: 


9 








John Gillman, Esq. 


. 6: 3 










John Plaisted, Esq. 


. 53 : 5 


= 


£197: 


15 


Jan. 5, 1725-6, Bv Maj 1 ' John Gillman 






53: 


8: 


9 


7, BV Coll. Mark Hunking 




£1 


19: 


14 


6 




788: 


08 




Ap r 15, 1726 By Coll. Hunking, . £12 


: 19: "6 










Coll. Weare ... 82 


1 










R. Wibird, . . .39 


: 5: 3 










Coll. Plaisted, . .12 


: 10 : 6 = 


146 


: 16 


3 




9 br . 25, 1726, By Richard Wibird 77 


: 3: 6 










Coll. Plaisted ... 51 


: 15 : 1 1-2 










Coll. Weare ... 55 


: 4: 9 










Geo. Jaffrey . . .62 


: 6: 6 










Coll. Hunking . . 20 


: 3: 6 












— £266 


: 13 


: 4 1 


-2 



32 



PROVINCE OF NEW-HAMPSHIRE. 



May 4 th , 1729 By Coll. Weare . £5Q: 17 
Coll. Himking . .15:6 
Geo.Jaffrey . . . 97 : 1 
R. Wibird . . . 29 : 5 
Coll. Plaisted . . 12: 19: 

Maj John Gillman, 

X br 11, 1724 By Coll. M. Hunkin 
By Coll. Plaisted 

May 17, 1728 By Coll flunking 
Col. Weare . 
Maj r Gillman . 
Coll. Plaisted . . 23 : 8 

May 15, 1728 Geo. Jaffrey . . 155 : 3 
Richard Wibird . . 75 : 18 

Of the £5384 Printed to be exchanged 

1729, May 10 th allowed Geo. Jaffrey Esq. Comit- 
tee Expenses, 15s 1, Printing £52, Com. 11 5 pr ct 
£44: 11 . 

Do. Richard Wibird, 5 pr ct for exchanging 

1729, May 14, From Ex rs Coll Himking, 
Geo.Jaffrey . . .36: 



6 = £211 
. 46 
| these two omit- 29 
) ted in due place 51 
£31: 17: 1 
94: 16: 6 
40: 11 : 6 



421 

£2953 



97 
41 
16 



■ 7 
10 
16 
15 
14 



Rich d Wibird . .169: 

Maj r Gillman . . . 45 : 

John Plaisted . . 28 : 

Coll. Weare . . .32:14= £329: 

By Coll. John Plaisted, May 4 th 1731 . . . 31 : 

May the 10 th 1731 by Coll. 'Henry Sherburn . 137 : 

by Theo. Atkinson . . . . 175 : 

May 11 th 1732 by Coll. Henry Sherburn . . 165 : 

March 3 d 1732-3, by Coll. Henry Sherburn . 142 : 

Jan. 9 th 1733-4 by Coll. H. Sherburn . . . 102 : 

Jan. 9, 1733-4 by Theo. Atkinson . . . 16 : 

8 br 19, 1734 by Coll. Sherburn . . . . 103 : 

by Theo. Atkinson . . . . 16 : 

May 13, 1735 by Coll. Sherburn . . . . 119 : 

by Theo. Atkinson . . . . 19 : 



8 
12 
15 

18 



14: 

6: 



6 
18 
13 



17: 

3 

3: 
15: 

9: 
16: 

3 
14: 

4: 
19: 

3: 

4: 



4 1-2 



1-2 



A memorial of the Disposal of the sume of fifteen thousand 
pounds Bills of Credit on the Province of New Hampshire (which 
were made and Emitted) By virtue of an Act of the Gen 1 Assem- 
bly of the said Province, viz. 

To payment of the Committees of the several Towns viz. 

Portsmouth . . . . . £2753 : 6 
Hampton . ... . 3996: 6 



Exeter . 
Stretham 



1831 : 15 
709: 11 



6 
10 

7 
10 



MISCELLANEOUS PAPEKS. 



33 



Dover . 

Newington 
New Castle 
Kino-ston 



To the Committees of the Several 
Towns allowed them for Emit- 
ting said Bills. . . . 302 : 10 

To Expenses on s cl Committee sun- 
dry times . . . . . 19 : 10 

To sundry charges for Printing, 
Engraving, Paper, Mortgages, 
Books, for Recording . . 163 : 5 

To the Committee for syning and 



1469: 


3 


558: 




1181: 


16: S 


500 





£14000 



Emitting the said Bills at 2 1-2 



pr ct 



200 = 



£685 



£14685 : 5 



By vote of the Assembly y e 10 th 8 br 1717, his Excellency was 
presented with 160£ out of the Interest of the money Lent in 
1714. 



Petition of Mev. Hugh Adams. 

[Copied from Belk. Hist. N. H., Vol. in, pp. 350-358, Boston, 1792.] 

To his Excellency Jonathan Belcher, Esq. Captain General and Com- 
mander in Chief in and over his Majesty's Province of New Hampshire in 
New England, To the Honorable the Council and Kepresentatives in Gen- 
eral Court assembled, The Complaint and Petition of Hugh Adams, Clerk, 
the Gospel Minister and Pastor of the Church at Durham within said 
Province : Humbly sheweth, 

Forasmuch as your Complainant petitioner hath been more than one and 
twenty years last past a labourer in the word and doctrine of Christ sincerely 
to the utmost of his ability amongst that people, although the good laws of 
this said province so far have required of them, and their own contract or 
agreement with, him voted by them in the first week of the month of Aprils 
Anno 1717, as by a copy of the record of Oyster river parish or said town, as 
also by the evidences of some of their select men and committee may appear 
in order for his support, with a competent salary of one hundred and four 
pounds during his ministry there, even then when silver money was not of 
more value than ten shillings per ounce, annually to be paid as then under- 
stood in the real value thereof, and not only in the bare name of so much, 
and unanimously agreed by their then Committee to be paid punctually each 
year one half of said salary, i. e. £52 at the end of or within each six months, 
i. e. the first week in October and April, with other material articles of said 
agreement for his maintenance among them, which also hath obliged them 
thereunto, yet have they not in any one year of said time of three appren- 



34 PROVINCE OF NEW-HAMPSHIRE. 

ticeships since their said contract, been honest nor faithful by the payment 
thereof in the just value, nor in due season, so as that the hire of his minis- 
terial labours so much and long kept back by their sacriligious fraud, hath 
been crying in the ears of Christ the Lord of Sabbaoth, so to expose them 
and their covenant and silent neighbors in this said province, unto the curse 
denounced which hath been so long and often executed in such a variety of 
destroying, terrifying and impoverishing judgments of God, too many herein 
to be enumerated, and so much thereof evidently occasioned by said parish 
and town, being therein so long tolerated with impunity, as an Achan in the 
Camp; and as the seven sons of Saul in the days of King David; and as Jo- 
nah in the ship of the commonwealth of this province aforesaid. And es- 
pecially whereas the principal article in the said contract insisted on by their 
said minister, wherein their then select men and committee agreed, by man- 
ual vote and voice (nemine contradicente) but was not entered by their then 
parish clerk, John Smith, who deceased anno 1722, with or after the other 
articles hereof in the record rolls of their then parish of Oyster river, or 
since town of Durham, and since yearly on very fervent intreaties to have 
the same articles entered upon their records and observed for the yearly per- 
formance thereof for the future, whereunto nevertheless they have been inex- 
orable beyond all reason and justice, hitherto in disregarding said above hinted 
article, viz. That each year one half of said salary of £104, which is £52 
should be paid into him or his order at or before the end of each six months 
or half year, i. e. the first week in October and April, which committee vote 
or vow of theirs has never yet, in any one year of the twenty-one years of 
my ministry amongst them been performed: But mostly deferred until at 
least three months after said former half year's harvest was ended, when the 
price of provisions was raised at least twenty-five per cent dearer than at har- 
vest or in gathering thereof; which delinquency of theirs in said twenty-one 
years hath been to the damage of said minister above £520 in said parish and 
town, especially where he has been necessitated, rather than starve, to borrow 
considerable sums of money upon six, ten, fifteen and twenty per cent in- 
terest yearly, and running on interest upon interest, yet unto this day, to his 
impoverishing oppression, and sinking discouragement, and reduced his salary 
of £104 of late years to the name thereof, when in present value as the al- 
tered prices of all necessaries for livelihood are about two hundred per cent 
dearer than when their said contract was made. This salary now is scarce 
more in real worth than £36 each year, although their rateable heads, families, 
cattle and lands have increased treble their ability more than at first agree- 
ment, Also this year 1738, the majority of said Durham inhabitants have 
stopped their ears at the cry of the poor at their two publick town meet- 
ings, although it is threatened they shall cry themselves but shall not be 
heard. 

Therefore now the oppressing necessities of the complainant petitioner 
constrain him to pray he may be regarded by this great and General Court as- 
sembled, in these his following requests ; as Christ Jesus Immanuel, to en- 
courage each of his faithful ministers, testifyeth saying, ' He that heareth you, 
heareth me.' 

1. Request that the records of said parish, named Oyster river, and now 
chartered town of Durham, may be so far impeached as that the said article 
may be entered by the present town clerk, Lieut. Samuel Smith ; and accord- 
ingly that he may be summoned to bring Durham's town-book of rolls and 
likewise Capt. Francis Mathews the former town clerk, to bring the record 
rolls of said Oyster river parish if yet in his possession ; and likewise Lieut. 
Abraham Berwick and Mr. Sampson Doe, then of the select men and com- 
mittee for said Parish in that year 1717, to give in or renew their oath or af- 
fidavit,' each of them for confirming the truth of said article. 

2. Request that the petitioners said salary of £104 may be enacted for the 
future during the remainder of his ministry in said town, to be made good in 
full value as really as in name, and to be paid in due season according to the 
request and article aforesaid, with sufficient penalty for any delinquency 
thereof, which, as written in the divine law moral, is the fifth part of the 
principal, to be added unto it as evident from Lev. v : 15, 16. Num. v : 6, 7, 8. 



MISCELLANEOUS PAPERS, m ^ 35 



1136864 



3. Request that delinquency from the payment of any lawful settled min- 
isters salary within said province, may be enacted a criminal case, or matter 
presentable by any grand juror, upon complaint made to him at each or any 
court of sessions quarterly, as in the Massachusetts province government, 
which I perceive by Psalms xli: 1, 2, 3, is the principal reason why they 
have been hitherto proportionally spared from the throat pestilence and other 
impoverishing, more than New Hampshire. 

4. Request that Daniel Davis of said Durham, may be summoned and 
judged by this most Honorable Court of New-Hampshire province aforesaid, 
for his sundry years, trespassing upon and inclosing within his fence and de- 
taining so forcibly from said minister several years previous possession 
thereof, sundry acres of upland, and salt marsh and thatch bed, belonging to 
the glebe land or parsonage, possessed by, improved for, as also granted to, 
the minister of said parish or town at least sixty years, and for evidence 
thereof, that Capt. Francis Mathews and his next neighbour Jonathan Willey 
the eldest, and Joseph Stephens, his son, and William Willey, may each of 
them be summoned. Moreover the said robbed and defrauded minister prays 
that it may likewise be ordered, that the selectmen of said each year rescue 
said parsonage land from him the said Daniel Davis and every other unjust 
incroachment thereon, and on every parcel of glebe land or parsonage (as 
viz. ) the long marsh and that parcel of ministerial land lying on the highway 
leading S. and W. toward Lampereell river, and bounded E. and S. on Potter 
Mason's land, and S. and W. on Richard Denbow's land, each of which is in- 
croached upon by or other of the adjacent neighbours, and although their 
minister, as their spiritual father, so long seeking their welfare in gathering 
of a church first amongst them, on March 26, 1718, his prevailing as the 
dresser of their church vineyard, with Immanuel Christ Jesus the Lord 
thereof, for his grant of four years probation, whether the barren fig-trees 
might, by a ministerial husbandry expended on them be prevailed with to 
bear fruit proportionably that it might be well with them as in the gospel 
parable thereof, Luke xiii : 7, 8, 9, and when the Indian war began, anno 
1722, and that five persons were cut down thereby in our parish ; who hath 
likewise prevailed with the heavenly Prince of Peace to make and keep his 
covenant of peace with and for us, as written in Ezekiel xxxiv: 25, yearly 
pleaded and granted these thirteen years hitherto, notwithstanding the so 
repeatedly many rumours of wars free from the reality thereof. Likewise in 
the year 1729, when Captain Samuel Emerson and Lieut. Jonathan Thomp- 
son and Hubbard Stevens had harassed their minister with an anti-christian 
council ecclesiastical countenanced by the then Commander in chief, after ' 
which the said Emerson and Korite company, by their negative clandestine 
votes robbed him of the £50 addition to his salary they granted him the pre- 
ceding year 1728. In his so provoked subjection to passion, as Elias in James 
V : 17, 18, he the said minister, while it was yet more than three months to 
the harvest, prayed it might not rain, and it rained not until three months 
after ; when in regard to the importunity of some friendly brethren, he ap- 
pointed and conscientiously sanctified a church fast, from evening to evening, 
abstained three days from eating, drinking and smoking any thing, in begin- 
ning of September that year 1729 ; and the Lord Christ was pleased to hear 
in heaven and grant such repeated plentiful and warm rains, as recovered the 
languishing corn, grass and fruits of the trees unto a considerable harvest 
thereof; so as was then remarkable. And in the year 1733, when the said 
parish by the General Court was chartered into the township of Durham, in 
answer unto their said minister's petition, for its privileges and said name as 
therein pleaded for, and the inhabitants of said town proceeded by their 
chosen committee, at their most general meeting, to divide their commons, 
voting the minister aforesaid, should, as he did draw lots for them all, yet he 
cannot prevail with the lot layers to survey his lot of twenty-five acres, nor 
inform him where he may have it laid out for him, neither have said inhabit- 
ants fulfilled their condition of honourably supporting their minister. And 
since no inferiour Court in this province hitherto could do justice to your 
petitioner, he is therefore now necessitated to flee for refuge to this Supreme 
Legislative court of nursing fathers : in each of which requests, your so long 



36 PROVINCE OF NEW-HAMPSHIRE. 

oppressed petitioner importunately asketli for justice, firmly believing, after 
that, God will be intreated for the land in New Hampshire. 
So complaineth and prayeth the above named petitioner. 

HUGH ADAMS. 



The Petition of Hugh Adams, Minister at Durham. 

[From Farmer & Moore's Hist. Coll., Vol. II, pp. 239, 244, 281, 284.] 

Mat. ii : 7. Luk. x : 16. 

Durham, May 3, 1738. 
Honourable Sir 

This is to request the favour of his Excellency and your Honour, That my 
nomination of two persons for commissioners of the peace, may be granted ; 
Namely: for Mr. Joseph Drew in the town of Durham, and for Captain Ed- 
ward Hall in the parish of New Market of Exeter ; Each of which persons, 
in many years observation, I judge in my conscience for said office, of each 
people, is the best qualified, according to those sacred characters in Exod. 
xviii : 21. Acts vi : 3. Being each of them able in estate and understanding 
in the law, in writing a good hand, Fearing GOD above the most of his 
neighbors, A man of truth, hating covetousness, of an honest report, compe- 
tently full of the HOLY GHOST and wisdom ; having the best rule of gov- 
ernment over his own spirit, appetites, and passions, humble, meek, modest 
courteous ; and resolute in his duty, and willing therein to be admonished ; 
And likewise exemplary in Church communion and attendance in the other 
ordinances of the Gospel of CHRIST, the Prince of the Kings of the earth, 
as in Rev. 1 : 5. The said town and parish, being (too long time) the ma- 
jority of the inhabitance of each, sadly grown exceedingly vicious, disorderly, 
and unruly, especially on every publick day and night following, For want of 
such an overseer in said authority, to see the good Laws of this Province for 
regulation of such disorders duly prosecuted: Which might be (with a 
DIVINE BLESSING on the consciencious endeavours of such a ruler among 
them) much for the reformation of each (otherwise lawless) people. CoL 

D. in our Town being now doting, superannuated, selfish, covetous, and 

partial, utterly unqualified for such an office any longer ; being grown so old 
and foolish, that he will be no more admonished : As contemptibly charac- 
terized in Eccle. iv: 13. Which, (that the NAME of our LORD JESUS 
CHRIST may be glorified in them, as in II. Thess. I. 12: And the people's 
welfare may be promoted) is the earnest petition of a sincere minister of 
CHRIST. 

HUGH ADAMS. 



A DECLARATIVE AGREEMENT 

Made and confermed by Hugh Adams, Cler. Minister of CUBIST, and 
Pastor of HIS Church at Durham, in the Province of New Hampshire in 
New England. 

To's Excellency the Governour, and their Honours of His Majesties Council, 
which may legally constitute and Judge in the Court of Appeals for Equity, 
at Portsmouth, in July next, by adjournment, from the second Tuesday in 
May, 1738, For determining the case of said minister Appellant, already 
passed through the other two Courts of the Law. 

Is as followeth, viz. 
Forasmuch, as the most Holy and Righteous Patriarch Joseph (under the 
infallible Inspiration of THE HOLY GHOST) made it a Law unto this day, 



MISCELLANEOUS PAPERS. 37 

that Pharaoh should have the Fifth part, as it's written in Gen* xlvii. 26. 
i. e. as I am fully pers waded in my own mind and conscience that when any 
King's Representatives in his Court of Equity, do and shall judge any case 
therein according to good conscience : The Fifth part of the sum justly 
granted in their decisive Judgment: should thus be distinctively remu- 
nerated. As in this case appealed for, of 1858 £ The fifth part whereof is 
37l£. 12s. Whereof the 71£. 12s. for defraying all the charges of the three 
Courts, Attorneys and other officers' fees : The remainder 300 £ thus to he 
distributed. 200 Z to the Governour or Commander-in-chief, and the 100?, 
401 thereof to the Honourable Secretary, and 201 to each of the three Coun- 
cillors (that are the majority of the five) which may equitably judge in said 
case. Col. Walton by affinity being related to the case doubly on the appellee 
side, being justly exceptionable to me. And George Jaffrey and Joshua 
Peirce, Esquires, disaffected from any favour towards me, (as I perceive); 
since my subscribing as one of the Ministers of this Province aforesaid, for 
Governour Belcher's continuance in the Government thereof, the Chief. The 
three other remaining of the Council impartially to be judges in my case 

at said Court, being (if I'm rightly inform'd) Odiorn, Esquire, Lt. Col. 

Joseph Sherburn, Esquire, and Captn. Ellice Huske, Esquire, to be each of 
their Honour's ensured with the said 201. for Gratification when concurring 
in their judgment of the sum total of said case, and all the just cost for said 
appellant. And not as a bribe, is intended any part of said Fifth : But as a 
just tribute For Equitable judgment as required by the Supreme JUDGE, As 
written in Rom. xin. 4, 6. And upon condition of such a grant in the judg- 
ment of said Court of conscience : That, the said appellant may have the 
leasonable liberty of directing the Sherriff in levying the execution of the 
Equitable judgment, Upon the most blameable and able persons (or their 
estates) which have wilfully and unjustly occasioned such prosecution of said 
case ; and that the innocent therein may suffer no wrong. 

To the which agreement abovesaid, I, the said Hugh Adams, Appellant, 
For my self. My Heires, Executors, Administrators, And certain Attorneys, 
Do hereby promise, grant and agree, unto each of the said Court of Equity, 
as above expressly specified, His Heirs and Assigns each said sum respec- 
tively; as soon as possible (after the so just recovery thereof, As so sacredly 
warranted in said Rom. xin. 4.) To be then faithfully paid unto him or his 
order without fraud or delay, in each full sum as appropriatively signified. 
As witness my own Hand and Seal, on Tuesday, May the third, in the 
eleventh year of the Reign of His Majesty King George the second, Annoque 
DOMINI, 1738. 

Signed, sealed & delivered HUGH ADAMS 

in the presence of 
Stephen Glasier and Eliphalet Daniel. 

P. S. This Instrument is referr'd to your Honour's wisdom, for the com- 
munication of the contents thereof, only to the Commander in Chief, and to 
each of the said three Councillors, so far as may concern either of them. 
But to be conceal'd prudently from every other living person. Which gra- 
tuity, if either of them decline from accepting thereof in my favour ; And 
nevertheless concurr in the full judgment of my honest case : Then the said 
sum respectively is hereby transferr'd to your Honours propriety, for recom- 
pencing your late favour to me, and in such a measure towards recompencing 
your loss by fire. As assigned by the said Appellant. 

HUGH ADAMS. 



38 PROVINCE OF NEW-HAMPSHIRE. 

Letters of JRev. Hugh Adams to Mr. Secretary, Hichard 

Waldron, Esq. 

Durham, Janry 1, 1739-40. 
Honourable sir, 

With Thankfull remembrance of the many favours, you've formerly vouch- 
safed to me, in your so generous helps performed (as I hope) for CHRIST 
himself, accepted likewise Of, and to be rewarded temporally and Eternally 
By HIM, as done to His Heavenly Royal Person, FATHER and 's HOLY 
SPIRIT tho' mediately Done unto the least of's Ministerial or sincerely 
Friendly-Brethren. As for the continuence of our Collegiate Brother and 
Friend in his Government, yet over us, the excellent Jonathan Belcher, Esq re , 
in the six months past more especially according to's faithful WORD experi- 
enced as written in Joh. xv. 7. I've been prayfully Importunating our 
LORD EMMANUEL JESUS the Prince of the Kings of the Earth, by WHOM 
they rule, and Prince and Nobles, and all the Judges of the earth; that (as in 
the year 1715, he was pleased to regard my complaint against Vice-guber- 
nator Guilielmus Tailer in's proditorial Bribery against me ; so (if agreeable 
to's WILL) he might contrarily order) and He might please to incline the 
heart of our Present SOVEREIGN and his Nobles, each of them therein 
Concernable, to confirm our incorrupted governour Jonathan Belcher, his 
viceroy in the civil authority over us; for his commissioning mostly able 
men, such as fear GOD, men of Truth, hating covetousness ; or those Recom- 
mended to him as such, for their several respective offices of profit and hon- 
our ; and likewise that he our Governour may be restored to his health, and 
visit our Province again, to Rule in the midst of his and our enemies : that 
they may be found liars unto us concerning him of whom and his welfare of 
affairs I should be glad to read or hear credible intelligence, if I might be 
further favour'd. This (with my prayerful Wei wishes for your Person and 
family) must suffice at present from 

Your Honour's Most 

Obliged servant 

HUGH ADAMS. 

To the Hon. Mr. Secretary, Richard Waldron, Esq. 



Durham, April 11, 1739. 
Honourable sir, — 

With my hearty Thankfulness previously retributed for all your friendly Re- 
spects and Helps vouchsafed unto me, in the passage of my case through the 
three Courts of the Law, so free from Nonsuiting Abatements and from De- 
murrs upon Appeals, wherein I've Suppos'd were considerable of your ami- 
cable Influences; from the Hint you favour'd me with in your Letter dated 
Nov er 27 th last, wherein are express' d in writing under your own hand these 
very Words, viz. 

" Agreeable to your Request, I have copyecl the Judgment which you ob- 
"tained against your Parish, &c. ; I wish you a double portion of wisdom 
" and prudence in the use of it, and that your differences may at last termi- 
" nate in a comfortable and happy issue." 

Which so kind Phrases bear the aspect of real Friendship. But in the 
Evening of last January 24 th Publickly in Durham Meeting House before an 
Ecclesiastical Council of 8 Ministers and 20 Messengers, and a large Assembly 
of people, I was treacherously surprised with an unexpected Allegation 
(in their audience) made and so proclaimed by Ephraim Davis, "That you 
" told him I had given you a Bond of several Hundreds of Pounds to Bribe 
" the Governour and Council, that I might get my case, and that you in- 
" tended to come your self unto the said Ecclesiastical council (if I should 
" denie it) to prove it to my head; that thereby you'd enough to silence me; 
" and if I would send you a line of order for it ; you would send up my said 



MISCELLANEOUS PAPERS. dV 

" Bond and other Papers, by his hand, and that he heard of it first from one 
" of the Council which said you had so informed him and referr'd him said 
" Ephraim Davis to you, for confirmation thereof." 

Now, in Answer to your Honour (if this narrative was true) I must averr, 
That said Bond was not intended for a Bribe which I abhorr in any Prof- 
ferer or Receiver; seeing it is Written in Job xv. 34 — Fire shall consume the 
tabernacles of bribery ; which I have remarked in sundry instances fulfilled. 
But I deliver' d said Bond conscienciously in obedience unto that Sacred Law 
in Gen. xlvii. 27, and Rom. xm. 4, 6, 7, for a Grateful Tribute intended for 
the Rulers, which should in Justice and Equity, overrule the letter, rigour 
and perverting tricks of humane laws, to Defend the poor, afflicted, and 
needy, to Deliver and rid them out of the hand of the wicked, as such repre- 
senting Polytical Gods are required in Psalm 32=3, 4, 6, 7. Besides if mis- 
taken and misimprov'd as a bribe, I've supposed it my Duty, by my said Bond 
of security upon my Heirs, Executors, and Administrators, for an Antidote 
against any real Bribes intended or proffer'd by implacable Enemies (if I 
should decease before the final Issue of my case) as that Tryal in Jer. 35: 1, 
2-5, 6. ; Besides (if you can remember it) I desired your Honour might con- 
ceal said Bond, until after the final Judgment of my depending Case might 
be passed. Wherein I suppose you was a faithful Friend. But since your 
more or less divulging it, has inisapprehensively proved it self eventually 
(next to my Neighbour John Smith Taverner who deceased last Sabbath 
night) his more influential bottle, house, and 40£. of ready money which he 
told me some weeks ago before his sickness, he'd lent mine Enemy, viz. The 
agents Hubbard, Stevens and Woodman, Jonathan Tomson and John Wil- 
liams, Junr. Selectmen) E'n your communicating narratively said Bond to 
(Saul Doeg) Ephr. Davis, was Judged my Most scandalous Crime for unset- 
tling me : whereby you've so hurtfully trespassed against and despised me, 
and my heavenly MASTER CHRIST, and* the MOST HIGH GOD, as evi- 
dent from Luke x. 16. xvn. 3, 4, H. Cor. v. 20; therefore as though God Be- 
seecheth you by me, I pray you in CHRIST'S stead, be reconciled to THE 
GOD of the spirits or souls of all flesh: by your turning again and saying 
you Repent (i. e. Of your inadvertent exposing me so unto the wrath of 
mine Enemies), that I may have licence and authority from my said MAS- 
TER'S commandment to say I forgive you, and in gratitude for all your 
former and latter Friendship to us, to pray acceptably for the temporal and 
eternal Welfare of your Hon ble Person and Family. 

And altho' the said Ecclesiastick Council censured me (in their late arbi- 
trary and partial Result of Advice), chiefly as said for the supposed crimes of 
Imprecations: Nevertheless, forasmuch as my said supreme MASTER hath 
(in's Sovereignty) been so pleased in twenty-four Years past in's own proper 
and special Seasons, to enable me to more than ordinary Holiness attained, 
to conform then with this friendly proposal, in John xv. 7, and to be one 
(tho' the Junior) of His two American Witnesses (the so aged and Reverend 
Mr. Nathaniel Clap, Pastor of the true Church in Newport the other.) to 
each of which He, our LORD JESUS CHRIST in's Word, Rev. xi. 3, 5, hath 
said, I will give Power unto My Witnesses, &c. And if any man will hurt 
them, (i. e. Joyntly or severally) Fire proceedeth out of their mouth and de- 
voureth their Enemies (i. e. in the just matter, and fervent manner of Prayer- 
full complaints entered into the Supreme Court ever open in the Heavenly 
PARADISE) against impenitent and implacable Enemies : when all earthly 
Courts will not sufficiently redress such aggrievances of His oppressed Am- 
bassadors. Whether any Law in our Province of New Hampshire or of 
England, is criminally violated thereby if your Honour can and may convince 
me, it will oblige me in conformity with your aforesaid Friendly wish; in for- 
bearing my Durham people, personal Enemies, as really as Friends, I've en- 
deavour'd these Five Months almost to use your Copy of the Judgment with 
a double portion of Wisdom and Prudence, which are but despised and de- 
rided by my implacable enemies especially. I've not received from Durham 
as yet One Penny of said Judgment : Therefore, This is to request your Hon- 
our to draw out the Execution thereof, and to Commit it to Mr. Sherrif Rus- 



40 PROVINCE OF NEW-HAMPSHIRE. 

sel, wliom I must impower to be niy Trustee- Attorney, if he may accept 
thereof. Who, (when he may receive sufficient of my money judged for me) 
with my order, will pay your Honour all your just and reasonable Demands, 
for your so great service in the Recovery of my case in such a Measure there- 
of, or for what I've obliged my self unto, in and by my so scandalous Bond 
aforesaid. Being in all things (when enabled willing to live honestly, But 
seeing I can't be regarded in my Nomination of the every way best qualified 
Person of all the present Inhabitants of Durham, for a Commission of the 
Peace : But mine Enemies must triumph over me and my Friends and over 
the most Godly and Honest part of said Town, under pretence of Law and 
Justice. If Col. James Davis or's Son Ephraim or John Woodman, Lt. Sam- 
uel Smith, or any on that side shall so bear rule any .longer : then I must 
obey that order in Mat. x. 14. and Depart out of said Town and this Province 
as soon as possible ; in the belief of experiencing in Due time the verifying of 
that which is written in Luk. xviii, 7, 8. Eccle. vm. 11-13. Psal. 22. xvm. 
29. 
This (Honourable sir!) is propos'd to your consideration by your (yet well 

wishing) grateful Servant, in the Gospel ministry of the Church true, 

Protestant Catholick. 

HUGH ADAMS. 

To the. Honourable Mr. Secretary, Richard Waldron, Esq. 



Privy Council Order, 
[Copied from MS. Corr., Vol. I, p. 99.] 

At the Council Chamber Whitehall the 30 th of January, 1738. 
By the Right Hon ble the Lords of the Committee of Council for Plantation 

affairs. 

Whereas by order of this Committee of the 9 th of Dec r last it was directed 
that the Representatives of the Province of New Hampshire, or their Agent, 
should be permitted to search & take Copys of Minutes & Proceedings of the 
Gov 1 ' & Council, Minutes & Proceedings of the Council; Minutes & Proceed- 
ings of the Council in Assembly, & also Minutes & Proceedings of the As- 
sembly of the said Province of New Hampshire, as to such points as they 
shall think necessary to support their Petition of Complaint against Jonathan 
Belcher, Esq. Governor of that Province, 

And whereas a motion was this day made to their Lordships by the Sollici- 
tor for the said Petition of Complaint, setting forth that the said Assembly is 
lately dissolved, and therefore praying that the Persons hereafter named may 
be appointed to search for & take out the Copys directed by the aforemen- 
tioned order, viz. George Jaifrey, Theodore Atkinson, JohnRindge, & Thomas 
Packer, Esq. It is thereupon Ordered by their Lordships, that the said four 
Persons, or any other Person to be appointed by them, or either of them, be 
permitted to search for & take out the Copys of Papers as directed by the 
afore-recited order of the 9 th of last month, & that the Secretary of the said 
Province do attest them as true Copies, & that the Governour do affix the 
Seal of the Province thereto upon paying the usual Fees for the same. 
Whereof the Governour or Commander in Chief ■ & the Secretary of the said 
Province, for the time being, as also all others whom it may concern, are to 
take notice, and govern themselves accordingly. 

[Indorsed "Privy Council Order, Jan. 30, 1739."] 



MISCELLANEOUS PAPERS. 41 

Order for fitting out Privateers. 
[Copied from MS. Corp., Vol. I, p. 101.] 

Whitehall, June 15 th 1739. 

Sr. — As it was stipulated by the Convention concluded between his Majesty 
and the King of Spain, on the 14 th of January last, N. S. that the sum of 
ninety-five thousand pounds sterling should be paid at London within the 
Term of four months, to be reckoned from the clay of the exchange of the rat- 
ifications of the s d Convention as a Ballance due on the part of Spain to the 
Crown and subjects of Great Britain : And as the s d Term of four months from 
the Exchange of the Ratifications of the Convention did expire on the 25 th day 
of May last and the payment of the s d sum of ninety-five thousand pounds ster- 
ling agreed by the s d Convention has not been made according to the stipula- 
tion for that purpose, by which means the Convention abovementioned has 
been manifestly violated and broke, & his Majesty's subjects remain without 
any satisfaction or Reparation for the many great and grevious losses sus- 
tained by them, bis Majesty has tho't himself obliged to take such measures 
on his part as are necessary for the support of the Honor and Dignity of his 
Crown, the Security of the Just Rights of his Subjects & the good and safety 
of his Dominions, and has therefore ordered the Ships and effects of the King 
of Spain and his Subjects to be seized & taken wherever they shall be met 
with : — with which I am commanded to acquaint you, that you may cause 
the same to be made known in all places under your government, to the End 
that bis Majesty's subjects in those Parts may be upon their guard to prevent 
any Mischief they might otherwise suffer from the Spaniards in revenge for 
the measures which his Majesty is obliged to take to do himself and his sub- 
jects Justice, and that they may in their several stations annoy the subjects 
of Spain in the best manner they are able. 

And I send you herewith by the Kings Order, bis Majesty's Warrant under 
his Royal Sign Manual Authorizing and Empowering you to grant Commis- 
sions of Marque. and Reprisal for arming and fitting out private Ships of War 
ag st the Ships, Goods and Subjects of the King of Spain. 

And it is his Majesty's Pleasure that you should be veiy rigorous and severe 
in preventing any Amunition or stores of any kind from being carried to the 
Spaniards : and you are to use all proper methods that may be most effectual 
for this purpose. 

I am, S r , your most obedient humble serv 1 

Holus Newcastle. 
Jona. Belcher, Esq. Gov r of 
N. Hamp r & Massa. Bay. 

Prov. of the Mass a Bay, Aug st 13, 1737. Recorded in the Book of Commis- 
sions from the Crown, No. 4. page 313. 

Pr. Simon Frost, Dept. SecJ". 

N. Hamp r Aug st 16, 1739. Entered in the Secretary's office. The s d Being a 
Copy of the Originall. 

R. Waldron, Sec>'. 



[JL. S.] By the Commissioners for executing the office of Lord 
High Admiral of Great Britain and Ireland, Sc. 

[Copied from MS. Corr., Vol. I, p. 103.] 

Whereas his Majesty hath been pleased to grant Letters of Marque and Re- 
prisals against the King of Spain and his Subjects, We do in pursuance of his 
Majesty's Commission under the Great Seal of this Kingdom bearing date the 
twentieth of this Instant July (a Copy whereof is hereunto annexed) hereby 



42 PROVINCE OF NEW-HAMPSHIRE. 

Will and Require his Majesty's Vice Admiralty Court of New England and 
the Vice Admiral" or his Deputy or Judge or Judges of the said Court now 
and for the time being to take cognizance of and. Judicially to proceed upon 
all and all manner of Captures Seizures Prizes and Reprisals of all ships and 
Goods already seized and taken and which hereafter shall be seized and taken i 
by any of his Majesty's Ships of War or any of the Ships of his Majesty's 
Subjects or others which shall have letters of Marque and Reprisals And shall I 
be bro't by the said Captors within the limits of the said Vice Admiralty of l 
New England and to hear and determine the same and according to the course 
of Admiralty and Laws of Nations to adjudge and condemn all such Ships, 
vessels and goods as shall belong to the said king of Spain, his vassals, sub- 
jects or any other Inhabitants within any of his Countries, Territorys, or 
Dominions. 

For which this shall be your Warrant. 

Given under our hands and the Seal of the office of Admiralty the 27 th day 
of July, 1739, 

To Jonathan Belcher, 1 Cha : Wager 

Esq. Vice Admiral of I Tho. Clutterbuck 

New Hampshire and Vere Beauclerk 

Mass a Bay. 

By Comand of their Lordships, ■ 
H. Burchet. 

Copy of what was given me by his Exce^ 7 Gov 1 ' Belcher to register in the 
Secretary's office of New Hamp r Feb^ 1 st 1739-40. 

Rich d Waldron, Esq. 



Commission to the Lords of Admiralty touching Spanish prizes . 

[Copied from MS. Corr., Vol. I, p. 105.] 

GEORGE R. 

George the Second by the Grace of God, of Great Britain, France and 
Ireland, King, Defender of the Faith : 

To our Right Trusty and Well beloved Councellor, Sir Charles Wager, Knt. 
and to our Trusty and well beloved Sir Thomas Lyttleton, Baronet, Sir 
Thomas Frankland, Baron 4 , Thomas Clutterbuck, Esq. Harvy Powlett, corn- 
only called Lord Harvy Powlett, John Campbell of Stack Pole Court in our 
County of Pembroke, Esq. and Vere Beauclerk, Esq. comonly called Lord 
Vere Beauclerk, our Commissioners for executing the office of our High Ad- 
miral of Great Britain and Ireland, &c. And to our Commissioners for exe- 
cuting the said office for the time being. 

Greeting : 

Whereas many and repeated Depredations have been committed, and many 
unjust Seizures have been made in the West Indies and elsewhere by Spanish 
Guarda Costas, and ships acting under the Commissions of the King of Spain 
or his Governors contrary to the Law of Nations and in violation of the 
Treaties subsisting between our Crown of Great Britain and Spain, whereby 
our Trading Subjects have not only sustained great losses but have also suf- 
fered in their persons by the cruelties and barbarities which bave been exer- 
cised by the said Spanish Guarda Costas : and whereas We have caused 
repeated Instances and Representations to be made from time to_time at the 
Court of Spain in order to obtain redress and satisfaction for such injurious 
treatment and unjust practices and to prevent the like violences for the future : 
and whereas a Convention for making reparation to our subjects for their 
losses by the said depredations and seizures, was concluded between Us and 
the King of Spain on the fourteenth day of January last. New Style, by which 
Convention it was stipulated that a certain sum of money should be paid at 



MISCELLANEOUS PAPERS. 48 

London within a Term in the Said Convention specified, as a ballance admit- 
ted to be due on the part of Spain to our Crown and Subjects of Great Britain, 
which Term did expire on the twenty-fifth day of May last, and. the payment 
of the said stipulated sum as agreed to by the above Convention has not been 
made, by which means the said Convention has been violated and broke on 
the part of the Crown of Spain, and our Subjects remain without any repar- 
ation and satisfaction for their great and greivous Losses: — We therefore 
having taken this injurious treatment of the Crown of Spain into our serious 
consideration, have determined to take such measures as are necessary for 
vindicating the honour of our Crown and for procuring reparation and satis- 
faction to our injured Subjects. 

These are therefore to authorize and We do hereby authorize and enjoyn 
you our said Commissioners now and for the time being or any three or more 
of you to will and require our High Court of Admiralty of England and the 
Lieutenant & Judge of the said Court and his Surrogates, as also the several 
Courts of Admiralty within our Dominions, and they are hereby authorized 
and required to take cognizance of and judiciary to proceed upon all and all 
manner of Captures, Seizures, Prizes and Reprisals of all Ships and goods al- 
ready seized and taken or which hereafter shall be seized and taken, and to 
hear and determine the same . and according to the course of Admiralty and 
Laws of Nations to adjudge and condemn all such Ships Vessels and goods as- 
shall belong to the said King of Spain, his Yassals, Subjects or to any others 
inhabiting within any of his Country's Territories or Dominions. 

In witness whereof We have caused Our great Seal of Great Britain to be 
put and affixed to these Presents. 

Given at Our Court at Kensington, the Twentieth day of July one thou- 
sand seven hundred and Thirty nine, and in the Thirteenth year of our Reign. 

Copy of what was given me by his Excellency Gov 1 Belcher to Register in 
the Secretary's office, Feh>" 1 st 1739-40. 

Rich d Waldron, Sec>'. 
[Indorsed] 

" His Majestys Commission 
to the L dds of Admiralty touching 
Spanish Prizes, July 20 th 1739." 



GEGRGE R. [p. 109.] 

Trusty and Well Beloved — We greet you Well — 

Whereas several unjust seizures have been made and depredations carried 
on in the West Indies by Spanish Guarda Costas and Ships Acting under the 
C omission of the King of Spain or his Governors contrary to the Treaty s 
subsisting between us and the Crown of Spain and to the Law of Nations to 
the Great prejudice of the lawfull Trade & Commerce of our subjects ; and 
many crueltys and barbaritys have been exercised on the Persons of such our 
subjects whose vessels have been so seized by the said Spanish Guarda Costas; 
' And whereas frequent complaint has been made to the Court of Spain of 
these unjust practices and no satisfaction or Redress been procured; and 
whereas a Convention for makeing Reparation to our subjects for the losses 
sustained by them on account of the unjust seizures & Captures abovemen- 
tioned was concluded between Us and the King of Spain on the 14 th _ day of 
January last, N. S, by which convention it was stipulated that a certain sum 
of money should be paid at London within a Term specified in the s d Conven- 
tion as a ballance due on the part of Spain to the Crown and Subjects of 
Great Britain which Term did expire on the 25 th day of May last and the 
paym t of the said Sum agreed by the s d Convention has not been made ac- 
cording to the Stipulation for that purpose, by which means the Convention 
abovementioned has been manifestly violated & broke by the King of Spain 
and our Subjects remain without any satisfaction or Reparation for the many 
Great & Grievous losses sustained by them: We have tho't fit tor y vindicat- 



44 PROVINCE OF NEW-HAMPSHIRE. 

ing the honour of Our Crown & for procuring Reparation and Satisfaction for 
our Injured subjects to order Reprisals to be made upon the Crown & sub- 
jects of Spain. And We do therefore by virtue of these presents authorize & 
impower you to Issue forth and grant Commissions of Marque & Reprisals to 
#ny of ourloveing subjects or others who shall apply to you for the same and li 
whom you shall deem fitly qualified in that behalf, For Armeing and fitting | 
out private Ships of War for the apprehending seizing and taking the Ships, 
vessels & goods belonging to the King of Spain, his vassals & subjects or any 
inhabiting within his Countrys Territories & Dominions in the West Indies. 
Provided always that before any such Comission or Comissions be Issued 
forth, security be given upon such Comission as hath been used in such cases. 
And you shall insert in every Commission to be so granted by you all such 
clauses and give such Directions & Instructions to the Person or Persons to i| 
whom you shall grant such Comissions as have been usual in cases of the like 
nature. And for so doing this shall be your warrant. And so we bid you 
farewell. 

Given at our Court at Kensington the fifteenth day of June 1739, in the 
thirteenth year of our Reign. 
By his Majesty's Command, 

Holus Newcastle. 



Superscribed " To our Trusty & Well Beloved Jonathan [Belcher] Esq. our 
Capt. General & Gov r in chief of our Provinces of the Mass a Bay and New 
Hampshire in America & in his Absence to our Comander in Chief or to the 
President of Council of our said Province for the time being. 

Massachusetts Bay 

New Hampshire." 
Copy — Richard Waldron, Sec^ 
from y e Original, Aug st 16 th 1739. 



Address of the House of Commons about the value of Gold and 
Silver, and Bills of Credit. 

[Copied from MS. Corr., Vol. I, p. 115] 

Mercury 13 th Die Junii 1739. 
Resolved, 

That an humble Address be presented to his Majesty, That his Majesty will 
be graciously pleased to give Directions, that an account be prepared in order 
to be laid before this House the next Session of Parliament, of what Rates 
all Gold & Silver Coins were accounted, received, taken or paid, and Gold and 
Silver were purchas'd at and sold per ounce in any of the British Colonies 
and Plantations in America in the year, 1700, 1710, 1720, 1730, and at what 
Rates Gold & Silver Coins are accounted, Received, taken or paid and Gold 
& Silver are purchased at or sold for pr ounce at this time in the said Colonies 
and Plantations, distinguishing each Colony & Plantation. 

Resolved, That an humble Address be presented to his Majesty, that his 
Majesty will be graciously pleas'd to give Directions that an Account be pre- 
pared in Order to be laid before this House the next Session of Parliament, 
of what was the amount of the paper Bills or Bills of Credit, which by virtue 
of any Act or Acts of Assembly subsisted or pass'd in payment in any of the 
British Colonies or Plantations in the year 1700 ; and also an account of the 
amount of what Paper Bills or Bills of Credit of any species or kind, have 
by virtue of any such Act or Acts been Created or Issued in any of the said 
Colonies or Plantations since the year 1700, with the amount of the value in 
money of Great Britain of Such Bills at the respective times of their Cre- 
ating & Issuing, and what provision was made thereby for the sinking or dis- 
charging any such Paper Bills or Bills of Credit, together with an account of 



MISCELLANEOUS PAPERS. 45 

[the amount of the Bills that have been sunk or discharged in pursuance 
thereof, and also of the Bills subsisting or passing in payment at this time in 
any of the said Colonies & Plantations with the amount of the value in 
money of Great Britain of such Bills distinguishing each species or kind of 
paper Bills or Bills of Credit, and each Colony & Plantation. 

Ordered, That the said Addresses be presented to his Majesty by such mem- 
bers of this House, as are of his Majesty's most Hon bIe Privy Council. 

Signd, N. Habdinge 

CI. Dom. Com. 

[A Similar Address to his Majesty was ordered at the same time, " by the 
Lords Spiritual and Temporal in Parliament Assembled."] — Ed. 



Declaration of War against Spain. 

[Copied from MS. Corr., Vol. I, p. 119.] 

Sir — I am to acquaint you, that on fryday the 19 th instant a great Council 

was held at Kensington, where his Majesty approved and signed'a declaration 

of War against Spain, and ordered that the same should be published on 

I Tuesday the 23 d Instant by the Heralds at Arms in the usual places and with 

gthe accustomed Formalities on the like occasions, which was done accordingly. 

And I am comanded to send you a printed Copy of the said Declaration and 

j to signify to you his Majesty's Pleasure that you cause it to be proclaimed in 

jthe places under your Government that his subjects having this notice may 

Stake care to prevent any mischief which otherwise they might suffer from the 

j enemy and do their duty in their several Stations, to annoy the subjects of 

\ Spain. 

And his Majesty would have you be very rigorous and severe in preventing 
j any Ammunition or Stores of any kind from being carried to them, and you 
I are to use all proper methods that may be most effectual for this Purpose. 
I am, Sir, your most obedient, 

humble servant 

Copy from the Original Hollis Newcastle. 

R Waldron, Sec>\ 

Indorsed — "Duke of Newcastle's letter to Gov r Belcher to proclaim War 
against Spain, Oct. °9, 1739. Rec d by the Gov r . Apr. 17, 1740 pr Colches- 
ter man of War, via Virginia." 



Certificate respecting Bills of Credit, &c. 
[From MS. Corr., in Secretary's office, Vol. I, p. 127.] 

Province of New Hampshire, Dec r 31 st 1739. 

These may certify that between the yeares of our Lord one thousand seven 
hundred and nine and one thousand seven hundred and thirty seven, inclu- 
sive there has been emitted in Paper bills of Credit within his Majesty's Prov- 
ince of New Hampshire in New England, the sum of fifty-six thousand three 
hundred and Eighty four pounds : 

The provision made for drawing them into the Treasury to be burnt was a 
tax on the Polls & Estates of the Province ; excepting for fifteen thousand 
pounds, part of the sum being a Loan for which the Borrowers gave double 
land security ; and for seventeen hundred and thirty pounds more of it, being 
another Loan for which Security was also given by the Borrowers. And the 



46 PROVINCE OF NEW-HAMPSHIRE. 

said sum of fifty six thousand three hundred & Eighty four pounds is already 
drawn in and burnt, excepting ten thousand five hundred and seventy six 
pounds sixteen shillings, which is to be paid by taxes on Polls and Estates in 
the yeares one thousand seven hundred & forty one and forty two ; and about 
two thousand pounds of the fifteen thousand pound loan, which is not yet 
bro't in and burnt by the Comittee appointed to receive it $f the Borrowers. 

The beforementioned fifty six thousand three hundred and Eighty four 
pounds is the whole sum of Paper Bills of Credit that have been at any time 
emitted by the Province of New Hampshire. 

And this is the best Answer I can give to what is demanded of me touching 
the State of New Hampshire Bills (after having made the best scrutiny I can) 
By reason that my dwelling house was burnt three years agoe, in which (with 
the major part of my furniture) were lost some of the Books and most of the 
Acts and Papers belonging to the Secretary's office ; and besides the books of 
the said office have not formerly been kept with a due exactness for want of 
a sufficient reward to the officer, the utmost allowance ever made to a Secre- 
tary being but seventy-five pounds per Annum this currency, which is not 
more than fourteen pounds sterling at this day and sometimes that has been 
unpaid for five years together. 

The Rate of Silver and Exchange between this Currency and Sterling has 
always been the same as at Boston, which is the Grand Mart of New Eng- 
land, and in that respect governs the whole country. 

(Copy) R. W. Sec^ 



King's Orders about Prayers for the Royal Family. 

[From MS. Corr., in Sec. office, Vol. I, p. 129.] 

[L. S.] At the Court of St. James the 29 th of January 1740. 
Present 
The Kings most excellent Majesty. 
Arch Bp Canterbury Earl of Abercom 

Lord President Earl of Waldgrave 

Lord Steward Viscount Torrington 

Lord Chamberlain Lord Cornwallis 

Duke of Bolton Lt. C h . Justice Wells 

Duke of Athol Sr. Cha: Wager 

Duke of Montague Sr John Norris. 

Earl of Pembroke 

Whereas his Majesty in Council was this day pleased to declare his royal 
pleasure that in the morning and evening Prayers in the Litany ; and in all 
other parts of the Public service, as well in the occasional offices as in the 
book of Common prayer where the Royal Family is appointed to be partic- 
ularly prayed for, the following form and order should be observed, (viz.) 
Their Royal Highnesses Frederick Prince of Wales, The Duke, the Princesses, 

the Issues of the Prince & Princess of Wales, and all the Royal Family. 

And to the intent that the same form and order may be observed in all his 
Majesty's Plantations in America, his Majesty doth hereby order that the 
Governor or Commander in Chief of the Province of New Hampshire for the 
time being, do cause the same to be forthwith published in the several Parish 
Churches and other places of Divine Worship within the said Province, and 
do take care that obedience be paid thereto accordingly. 

W. Sharpe. 
Copy'd from the Original, 
May the 7 th 1741. 

Pr. Rich d Waldron. 



MISCELLANEOUS PAPERS. 47 

Letter from Lords of Trade respecting Bills of Credit. 

[From MS. Corr., Vol. I, p. 137.] 

Whitehall, May y e 20 th 1740. 

Sir — In pursuance of an Address of the House of Commons to his Majesty 

on the 25 th April, 1740, and of his Majesty's Commands signified by his Grace 

the Duke of Newcastle, in a letter dated 30 th April, you are immediately to 

j prepare, and as soon as possible transmit to us in order to be laid before the 

House of Commons at their next meeting, an account of the tenour and 

amount of the Bills of Credit which have been created and issued in your 

Government that are now outstanding, with the respective times when such 

'Bills, so outstanding were issued, with the amount of the said Bills in money 

of Great Britain, both at the time such Bills were Issued and at the time of 

preparing of y r account. 

You are likewise to send therewith your opinion what will be the most easy 
y and effectual manner of sinking & discharging all such Bills of Credit with 
the least Prejudice to the Inhabitants of your Government and Interruption 
of the Commerce of this Kingdom, — and we desire you will use all possible 
I dispatch in this matter that we may have your Return early enough for us to 
i: consider thereof before the beginning of the next Session. So we bid you 
I heartily farewell, & are 

Your very loving Friends & humble servants 

J. MONSON 

-I Hon ble Jona. Belcher, Esq. R. Plummee 

I Gov r of New Hamp 1 ", EDW d Ashe 

Nov 1 " 7, 1740. M. Bladen 

Ja: Beudenell 

Copy R. Waldron, Sec?. 



Letter to Gov. Belcher concerning an Expedition to New 

Spain, (jtc. 

[From MS. Corr. in Sec. Office, Vol. I, p. 131.] 

Whitehall, January 5 th , 1739-40. 
Sir 

His Majesty having thought fit to declare War against Spain and being de- 
termined by all possible means to distress and annoy the Spaniards in the 
most effectual manner, and particularly by making an attempt upon some of 
their most considerable settlements in the West Indies, The King has been 
pleased for that purpose to order a large body of Troops under the command 
of my Lord Cathcart, a Major General of his Majesty's forces, to go from 
hence, with a sufficient Convoy of men of War to a proper place in the West 
Indies to be appointed for that purpose, there to be joyned by the Squadron 
under the command of Vice Admiral Vernon, now in the West Indies and 
by such a number of Troops as may be raised in his Majesty's Colonies and 
Islands in America. 

As it has been represented to the King that a very considerable number of 
men may be easily had upon proper Encouragement in the British Planta- 
tions and particularly in his Majesty's Colonies on the Continent of America 
to serve in conjunction with the regular Troops to be sent from hence, I am 
to signify to you, It is his Majesty's pleasure that you should forthwith make 
the proper disposition for raising as many men as you shall be able to pro- 
cure within your Government. 

And as the King intends that the Troops to be raised in America should be 
commanded by Colonel Spotwood, the whole to be, however, after they shall 
have joyned the Regular Troops, under the command of my Lord Cathcart, 






48 PROVINCE OF NEW-HAMPSHIRE. 

General and Commander in Chief of all his Majesty's Troops sent to or 
raised in America (with which I have by this occasion acquainted Col 
Spots wood.) 

It is his Majesty's pleasure that you should confer or correspond with Col 
Spotswood if you have an opportunity upon every thing that may relate to 
the performance of this service. 

Col Blakeney who is appointed. Adjutant General in this Expedition will 
set out from hence as soon as possible, with his Majesty's Letters and Au- 
thorities to you and the other Governors of his Majesty's Colonies on the 
Continent of America, for making the said Levies, and with the Kings more 
particular Instructions and Directions relating to this matter. 

In the mean time the King has thought proper that I should give you this 
previous notice that you may be making the necessary Dispositions in order 
to facilitate, as soon as possible the raising the Troops. 

Colonel Blakeney will carry with him a considerable Number of Arms, 
some samples of C loathing for the souldiers, and what Mony or Credit shall 
be judged requisite for the performance of this service. 

It is his Majesty's Intention to give all proper Encouragement to the new 
Levies, by ordering them to be supplyed with Arms, a proper cloathing and 
to be paid by his Majesty with an Assurance of their coming in for their 
share of any Booty that may be taken from the Enemy, and of their being 
sent back to their respective habitations, when the service shall be over, un- 
less any of them shall desire to settle themselves elsewhere. 

His Majesty will order to be sent by Col Blakeney a number of Blank Com-, 
missions to be given, by the Governors, to the officers that are to command 
the Troops under Col" Spotswood. 

The King has not thought proper to confine you to any particular number 
of men to be raised within your Government, his Majesty depending upon 
your care and zeal for his service, that you will procure as many as you pos- 
sibly can. 

You will consider how much the time presses and will therefore use the 
utmost Expedition in making your preparations. 

It is hoped that my Lord Cathcart may be able to sail from hence in April 
or May next, and consequently you will take care that the Troops to be raised 
within your Government may be ready to be transported in time to the place 
that shall be appointed for the General Rendezvous with which Colonel 
Blakeney will acquaint you, as well as with every thing else that may be 
necessary for your further information and Instruction. 

You will be considering in what manner to provide Transports and Pro- 
visions and even if it be necessary you will secure them out of hand for such 
a number of men, as you shall judge you may be able to get within your Gov- 
ernment ; or, you will correspond with any of the Governors of the neigh- 
boring Colonies relating to this matter in such manner as you shall think 
proper. 

I am persuaded I need not say any thing to induce you to use your utmost 
care and diligence in an affair of this Importance and for the promoting the 
success of a service in which the honour of his Majesty's Crown and the in- 
terest of his subjects (especially those residing in America) are so essentially 
concerned. 

The many Injuries and Cruelties which the Inhabitants of the British Plan- 
tations have sufferred from the violence & Depredations of the Spaniards will 
I doubt not be an additional motive to engage all his Majesty's faithful sub- 
jects there to exert themselves with an uncommon zeal on this occasion. 
I am, Sir, 

Your most obedient, humble servant 

Hollis Newcastle. 

P. S. Though Col Blakeney will be dispatched as soon as possible with his 
Majesty's more particular Instructions & Directions to you, yet that no time 
may be lost it his Majesty's Pleasure that immediately upon the Receipt of 
this letter you should summon a Council and Communicate to them his 



MISCELLANEOUS PAPERS. 49 

Majesty's orders for the better Enabling you to put them in Execution ; and 
that you should also forthwith issue a Proclamation in the proper form invit- 
ing his Majesty's subjects within your Government chearfully to Enlist in this 
Berviee, and assuring them of a proper Encouragement for that Purpose. 

Hollis Newcastle. 

Copy Rich d Waldron, Sec?. 



Articles of Encouragement. 
[MS. Corr., Vol. I, p. 143.] 

for the Enlistment of a Company of Volunteers in his Majesty's Province, of 
New Hampshire, for his Majesty's service in the intended Expedition ag st the 
Spanish West Indies, to be annexed to & published with the Beating Orders. 

1. The Soldiers are to have his Maj ties pay and the same w ch the British 
Troops have. 

2. They are to enter into pay from the day of the Enlistment. 

3. They are to receive three months advance pay before they embark. 

4. They are to have 5£ a free gift from the province to be paid before they 
Embark and also a good new blanket. 

6. There is to be laid in for them for y c voyage, one hundred pounds worth 

of proper stores over and above the ordinary & common provisions. 
6. When they arrive at the General Rendezvous in the West Indies, they are 

to receive the Kings bounty of arms & regimental Cloathing as their own 

property. 

By order of his Ex. the Gov r & Council. 
Aug* 1 8, 1740 K W. Sec*. 



Beating Orders. 
[MS. Corr., Vol. I, p. 145.] 

[Seal.] Jonathan Belcher, Esq. Gov r and Commander in Chief in and: 
over his Majesty's Province of New Hamp r in New England, to John Eyre of 
Portsm in s d Province, Esq. : 

You being appointed Captain of the Company of Volunteers intended to? 
be raised in this Province for his Majesty's service in the proposed Expedition 
against the Spanish West Indies, are hereby authorized and directed to beat. 
up for Volunteers throughout this Province, in order to procure & engage one 
hundred able bodyed & effective men to Enlist under you, as their Captain, 
with all possible dispatch for the aforesaid Expedition, and all Colonels, 
Lieutenant Cols. & Majors, and all other military officers, and all civil officers,, 
and all his Majesty's good subjects within this Province, are hereby required 
and desired to be aiding and assisting to you the s d John Eyre, Esq. in raising 
the intended Company as above-mentioned. 

Given under my hand and seal at arms the eighth day of August in y c 14 
y r of his Maj'J" 8 reign, Anno Domini 1740. 
Copy. J. Belcher. 

4 



50 PROVINCE OF NEW-HAMPSHIRE. 

Col. Blakeney' s Letter to Gov. .Belcher. 

[MS. Corr., Vol. I, p. 147.] 

New York, 24 July 1740. 
Sir — This serves to inclose to you the second & third Bills of Exchange 
drawn by me on Henry Pelham, Esq. Paymaster General, &.c. to your order 
at 30d st dated 18 Instant, the First whereof were sent you last Post and are, 
(viz.) 

No. 22 for £400: 

23 " 300: 

24 " 250: 

25 " 150: 

26 " 157: 1 

27 " 100: 



In ail 6 bills £1357 : 1 

I have to add that as it is for the interest of his Majesty's service and the 
honour of the Provinces to fulfill the engagements to the private men who 
gave in their names before the time of their being regularly attested & mus- 
tered by paying them their subsistence from the respective days on which 
they entered to the day of their being mustered into Companies ; I desire you 
will be pleased to give directions to the several Captains & officers in your ju- 
risdiction to make up their members of such men & days upon Oath, and 
that you will pay them accordingly, sending to me Duplicates of the same 
sworn to by them, when you shall make up and send me the accounts of the 
Levies in y r Province. 

I am with all due regard, Sir, 

Your most humble servant 

William Blakeney, 

P. S. I desire the favour that y° will carefully forward the enclosed Packet 
to Mr. Pelham, by first opportunity.' 

To his Excellency, Jonathan Belcher, Esq. Governor of Massachusetts 
Bay, &c. 
Copy Examined pr Rich d Waldron, Secy. 



Letter from, Col. Blakeney to Gov. Belcher. 

[MS. Corr., Vol. I, p. 149.] 

New York, 21 July, 1740. 
Sir — I have received the favour of yours of the 9 th and 14 th Instant, in an- 
swer to which you will be pleased to follow his Majesty's Instructions to you 
with regard to the Levies in your Province and to give the Commissions as 
far as they will go to the first of the Gentlemen warranted by you to levy who 
first shall have compleated their Companies : and if there are any for whom 
you have not commissions to them you are to give Certificates of their having 
raised their several Companies and that pursuant to his Majesty's private In- 
structions to you, you had promised them Commissions which Certificates 
they are to show to Lord Cathcart or to the Commander in Chief for the 
time being, who will have blank Commissions to fill up. And in the mean 
time you are to furnish them with money for their subsistence, (viz.) to every 
Commissioned or certifyed officer from the date of his Commission or Certifi- 
cate the Captains at seven shillings and six pence sterling pr day each, the 
first and second Lieutenants at three shillings & six pence pr day each, the 



MISCELLANEOUS PAPERS. 51 

Ensigns and Adjutant at two shillings pr day each, the surgeons mate at two 
shillings pr day, and the private men under Commission or Certificate ac- 
cording to y e enclosed Estimate for a Captain & his Company which I now 
send you in case of any mistake in what was formerly sent you. 

Of two Companies compleated here the Musters have been made up from 
the 25 th June last to 24 August next both days included, and their subsistence 
for that time has been Issued to their respective Captains accordingly; the 
twenty fourth day of the month being the general pay day of the Army, to 
which day the Musters are made up every two months and to which the ac- 
counts are to be made up and receipts taken payinge each months subsistence 
pr advance that is the month from the 25 th Instant to the 24 th August next in- 
clusive on the 25 th Instant and so on. And in order to furnish you with 
money for such subsistence in the most convenient method I can think of for 
your care and the advantage of y e service I have herewith enclosed remitted 
you the six following first Bills of Exchange (the seconds and thirds whereof 
shall be transmitted to you next Post) dated the 18 th inst. at 30 days sight to 
your order on Henry Pelham, Esq. Pay Master General &c. amounting to the 
sum of £1357 : 1 viz. 

No. 22 — 1 for £400 

23 — 1 for 300 

24 — 1 for 250 

25 — 1 for 150 
26— 1 for 157: 1 
27— 1 for 100 

In all 6 Bills for £1357 : 1 

which sum please to negotiate at the best exchange you can & apply towards 
paying the Levies at that Exchange ; and what you further may have occasion 
for as the Companies are compleated please to advise me and it shall be re- 
mitted you. If there is any tiling to be rectified or if any thing occurs 
wherein my concurrence is needful, I beg you will let me know it. 
I am, Sr. your most obed* & humble servant 

Wm, Beakeney. 
To his Excellency Jonathan Belcher, Esq. 
■Gov of Mass a Bay, &c : 
Copy Examined. Rich d Waldron, Sec? 



\ Proceedings (1) in the House of Representatives in relation to 
the Expedition against the Spanish West Indies, Aug. 4, 1740. 

[Copied from MS. Corr., Vol. I, p. 139.] 

Whereas his most Gracious Majestie has given orders for Equiping and Set- 
ting forth an Expedition against the Territories of the Catholick King in the 
(West Indies, and has determined to Raise a Body of Troops in his Colonies 
jon the Continent of North America to joyn his British Troops at a particular 
Rendezvous which will be appointed for that purpose, 

j And to shew our Loyalty and Zeal for his Maj ties service, notwithstanding 
I that this his Maj ties Province is a Frontier in case of a French & Indian War, 
and the great charge we have been at in Settling the lines, and that many of 
our men having already Enlisted in the service under several Captains already 
named in the Massachusetts Bay, and most of the other Provinces Quotas are 
already neare perfected by reason of their being more timely advized & En- 
couraged by the Captains being named, and we now having but little time to 
jget our Troops ready : 

( 1 } These proceedings are not found in the Province Records of the above date. 



52 PROVINCE OF NEW-HAMPSHIRE. 

In the House of Representatives 

Voted, That there be given five pounds in Bills of Credit of this Province 
as a- Bounty to every able Bodyed man, not exceeding one hundred men in- 
cluding Sergeants Corporals and Drummers that shall Enlist for such Expedi- 
tion under such Captains as shall be Comissionated for this Province: the said 
five pounds Bounty to be paid imediately after the said Company is fully com- 
pleated and ready to depart. 

That a convenient Blanket be delivered to Each soldier on their Embarquing 
for his proper use & service 

That the sum of one hundred pounds in this Province Bills of Credit be 
paid into the hands of a Committee to be appointed for providing a fitt Trans- 
port for transporting the Troops : and by them to be laid out in Stores fit for 
the Company on the voyage, and by said Committee delivered to care of the 
Capt. for the use of the Company, which said Committee is hereby impowered 
to Charter such Transport and provide mariners & sailors and Provisions and 
all necessarys fitt for such Transportation, the Treasurer supplying the said 
Committee with money for the same till the said Company arrive at the place 
of Geir Rendezvous. 

And for defraying the charges, Voted that there be Imediately struck off of 
the large new Plate the sum of two thousand pounds and signed off by the 
last Signers that signed the last Emission put into the Treasury (taking his 
receipt for the same) 

And for a Fund for payment of the said Sum of Two thousand Pounds, 
Voted that it be raised on the Poles & Estates of the Inhabitants of this 
Province according to the last Proportion and paid into the Treasury by the 
last day of December in the yeare 1742, or according to any new Proportion 
that shall be made between this and that time, Either in Bills of Credit of 
this Prov. or in Silver at twenty shillings pr oz. good merchantable Barr Iron, 
at forty shillings pr hundred, good merchantable Hemp at Eight pence pr 
pound, good well drest Flax at twelve pence pr pound, which species the 
Treasurer is to make sale of for the best advantage of the Province, but not 
under the aforesaid Prizes, as Expeditious as may be for the redeeming the 
Bills of Credit, & whatsoever sum remains of the aforesaid two thousand 
pounds, That it remaine in the Treasury to be disposed of as the Gen 1 Assem- 
bly shall order, and that an Act be drawn up accordingly : and Messrs George 
Walton & Hunking Wentworth be a Committee of this House to joyne with 
such as the Hon bie the Council shall appoint to draw up said Act. 

August 4 th 1740. James Jeffry Clk. Assm. 

In Coun. Aug st 5, 1740. 

The foregoing Vote read and concurr'd with the following amendment 
(namely) That those clauses in the preamble be left out, which are as fol- 
lows — " And the great charge we have been at in settling the lines, and that 
" many of our men having already enlisted in the service under several Cap- 
" tains already named in the Mass 1 - Bay; and most of the other Province 
" Quotas are already near perfected, by reason of their being more timely ad- 
" vised and encouraged by the Captains' being named, and we now having but 
" little time to get our troops ready " — The vote standing compleat without 
the above recited clauses. 

Pass'd unanimously— Rich d Waldron, Sec?". 

Eod m die. In the House of Representatives. 

Upon reading the Councils vote of araendm' for leaving out sundry para- 
graphs of the preface to said vote: (which we think pertinent & Esteem it 
our undoubted ri^ht to preface our own votes, nevertheless that it may ap- 
peare to the World that we will submitt almost to any thing rather than 
enter into a Controversie with his Majesties' Council; and that such an Ex- 
traordinary affair which we are sensible will be so pleasing to his Maj tie be no 
longer delayed, Therefore) Voted a concurrence with the Council's vote of 
amendm 1 to above in every article. 

Same day Assented to James Jeffry, Cler. Assm. 

J. Belcher. 



MISCELLANEOUS PAPERS. 53 

Letter from L d * Justices to the Gov\ Oct. 2 d , 1740, A hi Expor- 
tation of Provisions, (copy) 

[Copied from a Paper on File.] 

Whitehall, 2 d of October, 1740. 
Sir — Their Excellencys the Lords Justices to whom his Majesty has en- 
trusted the administration of the Government during his absence, having 
been informed that great quantities of Provisions have been exported from sev- 
eral of his Majesties Colonies in North America for the use of forreign Colo- 
nies, which may in the present Conjuncture be highly prejudicial to his 
Majesty's service, Their Excellencys have commanded me to signify to you 
their Direction that you should prevent, as far as possible, the exportation of 
any Provisions from the Province under your Government to any foreign 
Colony whatever, and in order thereto you should cause all ships laden with 
Provisions and not in his Majesty's service that shall sail from any of the 
Ports within your Government to give sufficient security to land the said pro- 
visions in some of his Majesty's Dominions. I am, Sir, 

Your most obedient humble serv 1 

Andrew Stone. 

Superscribed, " To Jonathan Belcher, Esq. Capt. General & Governor in 
Chief of his Majesty's Province of New Hamp r in America, and in his ab- 
sence to the Commander-in-Chief, or to the President of the Council of the 
said Province for the time being. New Hampshire." 

Copied from the original May 7, 1741. 

Pr. Rich d Waldron, Secy. 



*H 



JOURNAL 



OF THE 



GENERAL ASSEMBLY 



GOVERNOR BELCHER'S ADMINISTRATION, CONTINUED FROM 
MARGINAL PAGE 157, OF VOLUME IV. 

[p. 158.] Anno Regni Regis Georgii secundi 12 mo 
Province of N. Hamp r 

At a General Assembly held at Portsm by prorogation Wed- 
nesday -Nov. 1 st , 1738. 

Present in Council 
His Excellency Jonathan Belcher, Esq. Gov 7 
Shad a Walton Eph a Dennet 

Joth Odiorne I -™ Jos. Sherburn 

Henry Sherburn f " ' Josh a Pierce 

Rich d Waldron J Ellis Huske 

Adjourned til to morrow 10 o'clock, a. m. 



Esqs. 



Prov : N-. Hamp r At a General Assembly held at Portsmouth by 
adjournment, Thursday Nov. 2, 1738. 

Present in Council 
His Excellency Jona. Belcher, Esq. Gov r . 
Geo.Jaffi-ey 1 Eph. Dennet 1 

Joth.Odiorn l E Josh- Pierce (.Esqs 

A message to the House of Representatives from his Excellency 

by the See 7 & Capt. Huske to require their attendance at the 

Council Board. Their Speaker and House attended accordingly to 

whom his Excellency was pleased to make the following speech : 

Gov's speech. [See Journal of the House, p. 2.] 



1738.] JOURNAL OF THE ASSEMBLY. 55 

There being considerable ground of suspicion that there was a 
letter in the Post office, that would discover the late counterfeit- 
ing of some of the Prov. bills of credit, & the person to whom 
the letter was directed being gone out of the Province — the said 
[p. 159] letter was required of the Post master and by the unani- 
mous advice of the Council the said letter was opened and read 
at the Board, and no discovery of w* was suspected being made, 
the same was return'd to the Post master in order to be delivered 
as directed, viz : To Joseph Franklyn, Physician. 

Mr. Hugh Adams presented a Petition which was read. 

Sundry persons neer North hill meeting house in Hampton 
Presented a Petition to be Exempt from paying taxes to the min- 
ster of Hampton. 

Adjourned til tomorrow 10 o'clock a. m. 



Pro : N. Hamp r 

Nov. 3, 1738. Present [as before.] 

Joseph Grele Presented a Petition for a new Parish in Ken- 
sington which was read & sent down together with North hill 
Petition & Mr. Adams's petition by Ellis Huske, Esq. 

A message to the Board by with an answer to his 

Excellency's speech and a vote for a Comitee to address his 
Majesty, & another vote for a Comittee to tell over the money to 
be burnt. 

A message to the Board by Mr. Odiorne w th the Kengsington 
petition & Northhill petition & votes thereon. 

Adjourned til to morrow 10 o'clock a. m. 



[p. 160.] Pro: N. Hamp r . 

Nov. 4, 1738. Present [as before.] 

John Dolbear and others, proprietors of Nottingham presented 
a petition w ch was read & sent down by Mr. Atkinson. Also 
Dolbear's & Ben Rusts petition, and Mr. Atkinson was directed 
to inform the House there was nothing before the Board. 

Adjourned till Monday next, 12 o'clock, p. m. 



Nov. 6 th 1738. [Met and adjourned.] 
[p. 161.] Nov. 7, 1738. [Met. Present as before.] 
Thanksgiving Proclam a past. 
Nath Lad presented a Petition which was read. 
Joseph Peavy presented a N Petition which was read. 
Lad's Petition & Peavy's Petition sent down by Col Jos. Sher- 
burn. 



56 PROVINCE OF NEW-HAMPSHIRE. [1738. 

Geo. Jaffrey Esq. reported an address w ch was read & sent 
down. 

Adjorned til to morrow 10 o'clock, a. m. 



Nov. 8, 1738. Present [as before.] 

A message to the Board by Messrs Rindge & Gilman w th a 
vote for another Com. to tell the Bills to be burnt — returned by 
the Sec>". 

[p. 162.] The Petition of Mr. John Blunt read & sent down 
by the Sec ry who was directed to inquire whether the House had 
passed upon the address, & to recomend to their consideration 
the appointm* of a Comittee to farm the Excise. 

Mr. Sanburn presented a Petition for a Township w cb was read. 

Adjourned til to morrow 10 o'clock a, m. 



Pro : N. Hamp r 

Nov. 9, 1738. Present [as before.] 

His Excellency the Gov 1 ' was pleased to lay before the Board a 
letter from Justice Hall touching the Examination of Patrick 
Fisher on whom were found some Counterfeit Bills of this Prov- 
ince, as also the Examination : and a Petition of John Barker of 
Boston constable Praying an allowance out of the Treasury which 
were read and sent down to the House by Capt. Odiorne. 

A message to the Board by Mr. Gilman w th the address — voted 
to be Engrossed. 

[See Journal of the House, p. 5.] 

Mary Williams presented a Petition praying for a Licence to 
retail Liq rs w ch was read. 

The Selectmen of Hampton Falls Presented a Petition praying 
the Days of their Fair might be altered — which was read. 

[p. 163,] A Message to the Board by Capt. Millet & Mr. 
Palmer with the Petition of Jos h Peavey & a vote thereon, 
also a memorial of the Selectmen of Portsm w th a vote for 
Selectmen to make the Prov : tax : by the same message his Ex- 
cellency was informed that a new member was attending at the 
House and prayed that he might be sworn. 

His Excellency sent Josh a Peirce & Joseph Sherburn Esqs to 
adm r the oaths to the said new memb r by whom was also sent 
Mary Williams petition. 

Adjourned til to morrow 10 o'clock, a. m. 



1738.; 



JOURNAL OF THE ASSEMBLY. 



57 



Pro : N. Harap r . 

Fry day 10. Present [as before.] 

A message to the Board by Mr. James Jaffry w th Mary Wil- 
liams Petition & a vote thereon w ch was read & non-concurred. 

By the same message a vote for Josh a Peirce recorder w ch was 
concurred. 

John Ross presented a Petition far an allowance to himself & 
Geo. Townsend for being a guard on Board a small-pox vessel 
&c. w ch was read & sent down by the Sec y . 

x Mr. John Rindge Preferred a Petition to be Excused from pay- 
ing powder money w ch was read & sent down by the Sec y . 

Adjourned til to morrow 10 o'clock, a. m. 



[p. 164.] Pro : N. Hamp r . 

Saturday Nov. 11, 1738. Present [as before,] 

A message to the Board by Mr. Packer w th a vote for a Co- 
mittee of Audit and for a Comittee to farm the Excise, and a Pe- 
tition of Jabez Smith voted to be dismissed. 

A message to the House by Mr. Atkinson to inform them the 
Council had concurred w th their vote for a Comittee of Audit, 
and that their vote for farming the Excise was under considera- 
tion. 

The Comittee appointed to number & burn y e bills made re- 
port of y r doings. 

Adj d til Monday next 3 o'clock, p. m. 



Nov. 13, 1738. 



[Met and adjourned.] 



Tuesday, Nov. 14, 1738. Pro. N. Hamp r . At a General Assem- 
bly held at Portsmouth by adj 1 . 

Present in council 
His Excellency Gov r Belcher 
Shad* Walton ] Eph a Dennet 

Joth. Odiorne Josh a Peirce 

Geo. Jaffrey y Esqs. Jos. Sherburn y Esqs. 

Henry Sherburn Ellis Huske 

R'ch d Waldron J Theo. Atkinson 

The Petition of the North hill Inhabitants read, and the Peti- 
tion" and the respondents were fully heard thereon & sent down 
by y e Sec y . 

A message to the Board by Mr. Packer w th Ross Petitions & 



58 PROVINCE OF NEW-HAMPSHIKE. [1738. 

vote thereon to be dismissed, & Capt Rindge's Petition with 
vote thereon. 

The Petition of Grele and others for a new Parish in Kingston 
was read and the petitioners heard thereon & the petition sent 
down by the Sec y . 

Adj til tomorrow 10 o'clock a. m. 



Nov. 15, 1738. [Met and adjourned.] 



Pro. N. Hamp r At a General Assembly held at Portsm by ad- 
journ* Thursday Nov. 16, 1738. Present [as before.] 
A second Petition of Nath 1 Ladd touching the settlement of 
Kinsley Halls Estate was read, & sent down by Capt. Jos. Sher- 
burn. 

The Petition of Shad a Walton, Esq. praying that a fifty pound 
ac t w ch ne ows the Prov. may be remitted, read and sent down by 
Col Jo. Sherburn. 

,< A message to the Board by Capt. Walker w th Kingston Peti- 
tion and North Hill Petition w th votes thereon. 

The Council concurred with the vote of Kingston Petition and 
likewise w th that on North Hill w th an amendm* w ch was sent 
down by Col. Jos. Sherburn. 

A message to the Board by Messrs Sanburn & Wilson w tk the 
Petition of the South Parish in Portsm & the Papers belonging 
thereto & votes thereon. 

A message to the Board by Mr. Clarkson w th the Petition of 
North Hill & a vote of concurrence w th the Council amendm* &» 
Petition & Explain* ab* Rye bound 7 ., 

A message to the Board by Mr. Parker w th a Bill ag st Counter- 
feits Read & Concurred. 

A message to the Board by Mr. Palmer w th Mr. Ladd's Petition 
& \tote thereon. 

A message to the Board by one of the Represen 1 w th North-hill 
& Kingston Bills. 

Adjourned til tomorrow 10 o'clock a. m. 



[p. 167.] Pro : N. Hamp r At a General Assembly held at Ports- 
mouth by adjournnr 1 Fry day, Nov 1 ' 17, 1738. Present [as before.] 
The Petition of Capt. Rindge &> vote thereon read & voted a 

non-concurrence. 

The vote of the House for farming the Excise read & concurred. 



1738.] JOURNAL OF THE ASSEMBLY. 59 

The Bill of North Hill read & returned by Mr. Atkinson for 
further consideration. 

The Kingston Bill read &> voted a concurrence. 

A message to the Board by Messrs Peter Gilman & Capt. 
Jennis w th the four Bill — viz. North Hill, Selectmen, Appeal, 
Ejectm*. 
VJ. A message from his Excellency to the House by y e Sec y to re- 
quire Ms? attendance at the Board. The Speak r & House came 
accordingly and after Signing the Several bills that was pass d to 
be Enacted & Engrossed the Assembly was Dissolved. 

Capt Rindge admitted a Council 1 " and sworn this day being y e 
17 Nov r 1738, Pursuant to his Majesty's Mandamus dated July 22 d 
1738, and now Delivered to his Excellency the Gov 1 — a Copy on 
file. 

The following is a copy of the said Mandamus to the Governor : 

GEORGE R. 

Trusty and Well-beloved, We greet you well. We being well satisfied of 
the Loyalty, Integrity and Ability of our Trusty and Well-beloved John 
Rindge, Esq. have thought fit hereby to signify our Will and Pleasure to you, 
that forthwith upon receipt hereof, you swear and admit him, the said John 
Rindge to be of our Council in our Province of New Hampshire, in the room 
of Benjamin Gamblin, Esq. deceased. And for so doing, this shall be your 
warrant. And so We bid you Farewell. Given at our Court at Kensington 
the Twenty Second day of July, 1738, in the Twelith year of our Reign. 
By his Majesty's Command, 

Hollis Newcastle. 
To our Trusty and Well-beloved 
Jonathan Belcher, Esq. our Cap- 
tain General and Governor in Chief 
of our Province of New Hampshire 
in America, and in his absence, 
to our Commander-in-Chief, or to 
the President of our Council of our 
said Province for the time being. 



[p. 168.] Anno Rg ni R ia Geo 11 2 di 12mo. 
Pro. N. Hamp r . 

At a Council held at y e house of Col. Henry Sherburne of 
Portsmouth, Saturday Nov. 18, 1738. 

Present. 
His Excellency Jonathan Belcher, Esq. Gov r . 
Geo. Janrey ] Ellis Huske 

Joth. Odiorne Theo. Atkinson 

Rich d Waldron V Esqs. John Rindge f Esqs. 

Josh* Peirce Henry Sherburn 

Jos. Sherburn Eph a Dennet 

Voted that his Excellency the Gov r be requested to issue warr* 



60 PEOTZS-CE OE NEW-HAMPSHIRE. " [1739. 

on the Treasury for Eighty Eight pounds due to the Council upon 
a former Certificate, and also for what shall appear to be due upon 

the Secretary's Certificate for the three last Sessions of General 
Assembly, at the rate of fifteen shillings pr day to each meinV 
out of y money w : - was recovered on Mead 5 bond. 

j_p. 169.] Voted and resolved that the Briganteen Mary Ss 
-L-izabeih now riding at anchor near Anthony Island in Piscataqua 
River still continue under quarantine until the owners or Masters 
of the said vessel pay unto the High Sheriff of this Province the 
sum of twenty one pounds four shillings, which is to be paid by 
the sai . Sheriff viz. twelve pounds sixteen shillings part thereof 
to Alexander Ross, and six pounds part thereof to George Town- 
send, and two pounds eight shillings being the remainder to John 
Peacock : and the sail sum of twenty one pounds four shillings 
being raid to the sheriff as above, the said vessel shall be dis- 
charged rrorn her quarantine as above and not before. 

Passed unanimouslv 

Rich- Waldron, Sec^. 



[p. 170.] Prov. X. Hamp* At a Council and General Assembly 
held at Portsmouth. Wednesday Oct r 24. 1739. 
Present in Council 
Mr. President Walton 
Geo. Jaifrey Joslr Peirce 

Joth. Odiorne Jos. Sherburn Esq?. 

Henry Sherburn > Esqs. Ellis Huske 

Rich 4 Waldron Theo. Atkinson 

Eph" Dennet Jno. Rindge 

Mr. Sheriff Russel made return of the Kings writ for convening 
an Assembly, and the Secretary with another member of the 
Council went down and administered the oaths to those that were 
returned and were then waiting, and then. Pursuant to his Excel- 
lency's the Gov r; order the Secretary Prorogued the Court to the 
7 a of Nov. next. 



Prorogued by Proclam 1 To 22 ; Nov 1 1739. 
Prorogued by Proclam^ To 20 : -Dec r 1739. 
Prorogued bv Proclam* To 31* Jan : 1739-40. 



Shad a Walton 
Geo. Jaffrev 



1740.] JOURNAL OF THE ASSEMBLY. 

Province of X. Hamp r 

At a Council and General Assembly held at Portsmouth by 

Prorogation. Thursday Jan 7 31, 178?-40. 

Present 

His Excellencr Jonathan Belcher, Esq. Gov 7 . 

Eph. Dennet 

Josh 1 Pierce 

T- Jos. Sherbum 

Jotn. Ooiorn - hsqs. rn . -rj- , - Esq* 

tt ct i I Ellis Huske i i 

Henrv ^herburn rp V . , . 

o- , ^^ ,4 lheo. Atkinson ! 

Kicii- \\ aidron T , -o- i 

J John Kmdge 

[p. 171.] A message being made by the House of Re] 
tives to His Excellency that several members returned to serve in 
the General Assembly were not sworn & ] r ying they rnight be 
qualified, his Excellency was pleased to order the Secretary and 
Theodore Atkinson Esq. to go to the House and swear the mem- 
bers above mentioned, which was done accordingly, and then the 
House was directed by the Sec-"" order to proceed to the ch i 
a Speaker. A message to the Board trom his Excellency by Mr. 
Atkinson to adjourn them til to morrow 10 o'clock a. m. 



Pro. X. Hamp r . At a Council and General Assembly held at 
Portsm by adjournnr. Fryday, Eeb. 1 st 173&-40. 

Present [as before.] 

Capt El'.v ; - Hail came to the Council Board w* Capt. Thorn 3 
Wallingtbrd. and prayM that the s 1 Wallingford might be sworn 
as a member of the Assembly, which was done accordingly, and 
the said Wallingford repeated and subscribed the Declaration. 

Thomas Millet. Esq. Xatlr Gilman Esq. and Capt. Edward Hall 
came to the Council Board and acquainted his Excellency, that 
the House of Represeir had chosen And w Wiggin. Esq. for their 
Speaker. 

A message from y e Gov 7 by y* Sec 7 to call y e House to y* 
Board, r came & his Ex. made a speech, etc. 

[See Journal of the House, p. 11.] 

[p. 172.] James Clarkson, Esq. and others Presented a Peti- 
tion relating to the Parishes in Portsmouth w : - was read and sent 
down by one of the members of the Council. 

Joseph Grele and others presented a Petition touching the 
Parishes in Kingston, which was read & sent down by one of the 
members of Council. 

Adj d til to morrow 10 o'clock, a. m. 



Esqs. 



62 PROVINCE OF NEW-HAMPSHIRE. [1740. 

,J Pro: New Hamp r At a Council and General Assembly held at 
Portsmouth by adjournm*, Saturday Feb y 2 d 1739-40. 
Present in Coun 1 
His Excellency Jonathan Belcher, Esq. Gov r . 

Eph a Den net 
Josh a Pierce 
> Esqs. Jos. Sherburn 

Ellis Huske 
Theo. Atkinson 

John Gofe and others Presented a Petition tduching the Par- 
ishes at Londonderry which was read and sent down by one of 
the members of the council. 

Several members of the House of Representatives bro't to the 
Board the Portsm Petition ab 1 Parishes, the Kingston Petition 
about Parishes and the Deny Petition about Parishes with votes 
on each of them, and also a vote for a comittee of audit, and 
another vote for a comittee to number the bills to be burnt. 

Adj d til Monday Next 3 o'clock, p. m. 



Shad* Walton 
Geo. Jaffrey 
Joth. Odiorn 
Henry Sherburn 
Rich d Waklron 



[p. 173.] Pro. N. Hamp r . At a Council and General Assembly 
held at Portsm by adjournm 1 Monday, Feb y 4 th 173^-40. 

Present [as before with John Rindge, Esq.] 
Mr. Clarkson w th another of the Representatives came to the 
Board and inquired whether the Council had passed on the vote 
for a Committee of audit, who being told by the Secretary they 
had, he Pray'd his Exc y to order the Treas 1 ' to lay his acc ts be- 
fore y c auditors. 

Adjourned til to morrow 10 o'clock, A. m. 



Feb y 5, 1739-40 [Met and adjourned 6.] 



^ 



[p. 174.] At a General Assembly held at Portsmouth by ad- 
journment Feb. 6 th 1739-40. 

[Present as before.] 
Capt. Hall and Mr. Smith came to the Board with Eben 1 " Ste- 
vens, Esq. and pray'd he might be sworn ; which was done accord- 
ingly and the s d Stevens repeated & subscribed the declaration 
also, — 

Mr. Blunt (1) presented a petition touching a sum due to him 

(t)Bev. John- Blunt was settled in New Castle, 1732. 



1740.] JOURNAL OF THE ASSEMBLY. 63 

from the province as Minister of New Castle which was read and 
sent down by Mr. Atkinson. 

Mr. Adams presented a Petition touching the neglect of the 
People of Durham to contribute to his subsistence according to 
the advice of an Ecclesiastical Council, which was read and sent 
down by Mr. Atkinson. 

Mr. Packer bro't a vote to the Board for Capt. Peirce to be re- 
corder, and likewise a written message to inquire who were audit- 
ors, &c. 

Mr. Atkinson was sent down with a written message in answ r 
to y e written message bro't up by Mr. Packer. 

Adj d til to morrow, 10 o'clock, a. m. 



[p. 175.] Thursday, Fefr 7, 1739-40. 

Present [as before.] 

Mr. Clarkson came to the Board and Pray'd leave to carry 
down the Petition ab l Portsmouth Parishes in order to make an 
additional Vote thereon, which was granted, after which he bro't 
up the said Petition w th an additional vote, &c. 

Adjourned til to morrow, 10 o'clock, a. m. 



Fryday, Feb y 8 th 1739-40. 

Present [as before.] 

The additional Vote on Portsmouth Petition ab l Parishes bro't 
up yesterday read and concurred. 

Captain Ladd's Petition read & a full hearing was had thereon 
& sent down by Capt. Rindge. 

f * [p. 176.] Mr. Wentworth and Mr. Palmer Bro't to the Board 
Mr. Blunts Petition dismissed, Mr. Adams Petition dismissed, 
Mr. Flood's petition dismissed, and a Vote to Farm the Excise. 

A petition of Shad 11 Walton Read and sent down by Col 
Sherburn. 

Adjourned til to morrow, 10 o'clock, a. m. 



Saturday, Feb* 9, 1739-40. 

Present [as before.] 
A message to the Board by one of the members of the Assem- 
bly w th Nath 1 Ladd's Petition (& Papers) vote to be dismissed 
w ch was concurred with by the Council. 

_ Ordered that a written Message be sent to the lower House de- 
siring to know the reason of their dismissing Mr. Blunt's Petition, 



64 PROVINCE OF NEW-HAMPSHIRE. - [174& 

Mr. Adams Petition, & the vote of the Representatives thereon 
for dismissing the same read & concurred. Flood's petition ~also. 

Chester Petition Presented by John McMurphy read. 

Vote for recorder and farming y e Excise concurred. 

Adjourned til Monday next, 10 o'clock, a. m. 



[p. 177.] Pro. of N. Hamp r At a Council & General Assembly 

held at Portsm°b;f adjourn m* Monday, Feb y 11, 1739-40. 
Present [as before.] 

Mr. Dearborn presented a Petition to be poll'dto the North-hill 
Parish w ch was read and sent down by y e Sec y . 

Mr. Mac Murphy's Petition which was presented and read a 
Saturday was carried to the House by the Sec y . 

Mr. Blunt's Petition was sent back to the House w th a written 
message desiring to know the reason why they dismissed it, by 
the $ec y . 

A message to the House by the Secretary to acquaint them the 
Comittee on the part of the Council for auditing accounts and 
likewise they for telling bills, had been ready several day to enter 
upon the respective businesses and were now ready, & desired y* 
Comities of y Q House to joyn w th y m y* they might proceed with- 
out further delay. 

Adj d til to morrow 10 o'clock, a. m. 



Pro : N. Hamp r At a General assembly held at Portsm by ad- 

journm\ Tuesday, Feb y 12, 1739-40. 
Present his Excellency Jonathan Belcher, Esq, Gov 1 [and Council 

in full.] 
?) } [p. 178.] One of the members of the Representatives bro't to 
the Board a Memorial of Mr. Sheriff Russel touching y e Prison 
with a vote thereon, also a vote for receiving the Trespass Act. 

The Petition of sundry Inhabitants of London Deny, and the 
Petitioners and the Selectmen of the town fully heard thereon* 
and then the Petition w th papers relating thereto were sent down 
to the House by the Sec y . 

The Petition of a Comittee of the East parish of Kingston 
read & the petitioners & respondents being fully heard, the Peti- 
tion and Papers were sent down to the House of represent 8 by 
the Sec y . 

Adj d til to morrow, 10 o'clock, a. m. 



1740.] JOURNAL OF THE ASSEMBLY. 85 

Thursday, Fefr 14 th 1739-40. 

Present [as before.] 

[p. 179.] Mr. Packer bro't to the Board Kingston East Parish 
Petition with a vote thereon. 

Francis Mathes Presented at 

Mary Maoris Presented a Petition, 

Adjourned til tomorrow 10 o'clock, a. m. 



Feb^ 15, 1739-40. Present [as before.] 

;h A message to the Board by Capt. Hale w th Deny Petition 

touching Parishes and vote thereon, Mem of Portsm Selectmen 

& votes thereon, and Mem of Justices of Superior Court without 

any vote. 

Portsmouth Petition read and the Party's heard, on a motion 
made for a continuance, it was to be continued til y e next session 
& sent down by y e Sec y . 

Mary Maoris Petition read and sent down by Mr. Atkinson. 

Francis Mathes & others their Petition read & sent down by 
Mr. Atkinson. 

By Capt. Gilman a bill for taxing land of non residents. 

[p. 180.] A message from his Excellency to the House of 
Represent by the Secretary with the State and condition of Fort 
Wm. & Mary and an account of the Stores of War there as re- 
ported by Capt. Sherburn & Capt. Rindge. 

The vote of the House on Deny Petition read, debated & non 
concurred. 

The vote of the House on Kingston Petition read & concurred. 

Adj d til to morrow, 10 o'clock, a. m. 



Saturday, Feb* 16, 1739-40. 

[Met and adjourned.] 



Tuesday, FeV 19, 1739-40 
[p. 181.] The answer to his Excellencys Speech read at the 
Board. 

[See Journal of the House, p. 18.] 
A remonstrance of the Selectmen of Portsmouth touching the 
admission of Town Inhabitants and a vote thereon read at y e 
Board & concurred. 

A memorial of Mr. Sheriff Russell touching the deficiency of 
the Goal and a vote thereon read and concurred. 



66 PROVINCE OF NEW-HAMPSHIRE. [1740. 1 

Joseph Dearburn's Petition appointed to be heard this day was j 
sent down by Capt. Huske in order to be heard there first. 

A Bill for taxing y e land of non-resident Proprietors read. 

A Representation of Mr. Treas r Sherburn touching the money 
Due from Capt. Garrish's Estate & also from Col Vaughan's es- 
tate read and sent down by Mr. Atkinson. 

Joseph Dearburn's Petition to be set off to North -hill Parish 
(so called) was read, and he and the Selectmen of Greenland (as 
respond* 8 ) being fully heard, the said Petition and Papers were 
sent down to the House by y e See 7 . 

A message to the Board by Capt. Roby w th a vote for a Comit- 
tee of the House to joyn w th a Comittee of the Council to view 
y e fort. 

Adj. til to morrow, 10 o'clock, a. m. 



Pro. N. Hamp 1 . 

Thursday, Feb. 21 st 1739-40. 
Present [as before.] 

[p. 182.] Mr. Packer bro't to the Board a vote for a tax for 
Powder. 

Mr. Wallingford and Mr. Smith bro't several Papers to the 
Board: viz. Macris Petition, Mathes Petition, Dearborn's Peti- 
tion, Road Island Vote, Capt. Garrish's money vote. 

A message to the Board by Capt. Roby w th the Bill ab' Militia 
and a vote ab* Treasu 8 Ace* the Militia Bill read and concurred. 

Upon a reconsideration of Deny Petition for a new Parish Mr. 
Atkinson was sent down w th a vote of Council for giving the Pe- 
titioners leave to bring in a Bill. 



Fryday, Feb y 22, 1739-40. 
Present [as before.] 

The bill for Proprietors to Levy taxes read a second & third 
time and non-concurred 

A message to the Board by Messrs Wentworth & Walton w th 
Derry Petition & votes, & y e Coun 1 concurred with y e amendment. 

Mr. Stevens bro't Capt. Walker's Petition to the Board, w ch was 
iread w th y e vote thereon w ch was concurred. 

Powder Vote read and concurred w th amendment & sent down 
by Mr. Atkinson. 

One of the members bro't to the Board, the Justices of the Su-, 
perior Court y r memorial. 

Adj d til to morrow, 10 o'clock, a. m. 



1740.] JOURNAL OF THE ASSEMBLY. 6T 

[p. 183.] «Pro. N. Hamp r . At a General Assembly held at 

Portsm by adjournment, Saturday Feb y 23 d , 1739-40. 
Present [as before.] 

A message to the House from his Excellency by the Secretary 
with a written message — as follows — namely to hasten. 

A Bill for Docking an Intail bro't in, read, voted, and sent 
clown by the Sec y for concurrence. 

Mr. Packer bro't a written message to his Excellency as fol- 
lows, ab' Treas 1 " accts. 

His Ex. sent the Sec y to the House to tell them since the busi- 
ness was not yet bro't to a close, he would have them set in the 
afternoon, & then adjourn to Monday 10 o'clock, a. m., and that 
he would adjourn the Assembly to the same time in stead of 3 
o'clock, p. m., as has been usual. 

One of the members of the Lower House bro't up a vote for 
supplying the Fort with powder w ch was read and returned by 
Messrs. Jaffrey, Odiorne & Atkinson for the assemblys reconsider- 
ation. 

Adjourned till Monday next, 10 o'clock, a. m. 



[p. 184.] Monday, Feb>' 25, 1739-40. 
Present [as before.] 

Mr. Went worth and Capt. Gilman bro't to the Board two Bills 
with votes thereon, concurred to be Enacted, viz. Derry New 
Parish & Docking Intail, also a vote desiring His Excellency to 
order the Comittee to pay y e residue of y e £15,000 loan. 

The Sec y carryed down 4 Bills, viz. Downing's, Derry's, Mili- 
tary and Trespass, to be signed by the Speaker, w ch was done, 
and bro't back and signed by y e Sec y , and assented to by y e Gov r . 

Adj d til to morrow, 10 o'clock, a. m. 



Tuesday, Feb. 26, 1739-40. Met. 

[Copied from MS. " Gov rs Messages," in the Secretary's office, p. 181.] 

26 Feb. 1740. 
€-ent m of the house of Representatives. 

You have now Spun out this Session the length of Two ordinary Sessions 
for an Assembly of this Province & have done nothing that you cou'd judge 
might take Effect for Putting the Frontiers by Sea & Land into a Posture of 
Defence, Nor have you so much as attempted the Payments of the Just debts 
of the Province or the making any provision for the future support of the 
Civil Government. In duty therefore to his Majesty & from a Tender Regard 
to his People I have ordered the Secretary to Declare this Court 

Dissolved. 

J. Belcher. 
Febuary 26 th 1739-40. 



68 PROVINCE OF NEW-HAMPSHIRE. [1740. 

n"h [p. 185.] Anno Regni Regis Georgii 2 di decimo quarto. 

1 Pro. 1ST. Hamp r . At a Council and General Assembly held at 
Portsmouth, Wednesday, July 21 st , 1740. 
Present in Coun. 
Mr. Presid* Walton. 
Geo. Jaffrey J ™ Ric d Waldron, ) ^ 

Joth. Odiorne j ^ sq ' Jno. Rindge / ^ Sq ' 

Mr. Sheriff Russel made return of the King's writ for summon- 
ing an Assembly : the names of the persons returned are as fol- 
lows (see writ.) 

Pursuant to an order from his Excellency the Gov r to the 
Presid* the Secretary was sent down to adj n the Gen 1 Assembly to 
the 31 st inst. w ch was done accordingly. 



Pro. N". Hamp r . 

Thursday, July 31 st , 1740. Present 

His Excellency Jonathan Belcher, Esq. Gov r . 

Eph a Den net 

Josh a Peirce 

xji Jos. Sherburn 

Ellis Huske 
Henry bnerbarn m A , n • 

x>- ,/ttt it Iheo. Atkinson 

Rich d Waldron 



Shad a Walton 
Geo. Jaffrey 
Joth. Odiorn 



John Rindge 



Esqs. 



The members returned to serve on the Assembly sent a mes- 
sage to his Excellency that there was a quorum convened, where- 
upon his Excellency was pleased to send Geo. Jaffrey and John 
Rindge, Esq. to adm r the oaths to the s d members and to cause 
his Majesty's Commissions to be take[n] repeated and subscribed^ 
who reported they had done it. 

A message by these members to his Excellency to acquaint him 
y* y e Represen' had chosen A. Wiggin, Esq. for y r speaker. 

Adj d till to morrow, 10 o'clock, a. m. 



Fryday, August 1, 1740. Present [as before.] 
Met and adjourned til 3 p. m. 



[p. 188.] [Met according to adjournment.] 
• / A message from his Excel! 7 to the House of Representatives 
by the Sec y to require their attendance at the Council Board. 



1740.] JOURNAL OF THE ASSEMBLY. 69 

They attended accordingly, to whom his Excellency was pleased 
to make a speech as follows : (1) a copy of which was delivered 
to the speaker. His Excellency laid before the Board His Majes- 
ty's Instructions to him bearing date 2 d of April, 1740, touching 
the Expedition ag st the Spanish West Indies which were read, 
and then his Excellency sent the Secretary with said Instructions 
to the House of Representatives and ordered him to read them 
in that House w ch was done accordingly. 

A message to his Exc y from the House by one of their mem- 
bers, requesting a copy of that Instructions, whereupon his Ex- 
cellency ordered' the Secretary to cany to the s d House a copy of 
the 8 th Instructions attested as what principally & immediately 
concern'd them w ch was forthwith done accordingly. 

Adj d til tomorrow, 10 o'clock a. m. 



Saturday, Aug st 2 d , 1740. 

[Met accordingly. Present as before, except Shad a Walton.] 

A message to the Board by Messrs Packer & Jo. Hale w th a 
vote touching y e Expedition. 

[p. 187.] A message from y e Coun. by y e Sec y to tell 'em the 
Coun. would enter into y e consideration of their vote a Monday 
morn & to desire they would attend early. 

Adj d til Monday, 10 o'clock, a. m. 



Pro. N. Hamp r At a Coun & Gen 1 Assembly held at Portsm by 

adj* Monday. 

August 4 th 1740. Present in Council. 

His Excellency Jona. Belcher Esq. Gov r 

n T nr. -> Rich d Waldron 1 

Geo. J anrey x? \ t\ + 

T ,, ^-.. J Eph. Dennet 

.,, Ems y H USke J. 3£*Kr\ 

1 Two members bro't to his Exc y the represen* answer to his Ex- 
c y ' s Speech. 

[Answer to his Excellency's speech, copied from MS. Vol. I, " Governours 
Messages," etc., p. 189.1 

May it please your Excellency, 

The House having taken your Speech to us yesterday into consideration, 
cannot but say that we esteem it an unhappiness that what your Excellency 
there recommends comes so late to us in this way, and that having another 

(1) This speech cannot now be found.— Ed. 



70 PEOVINCE OF NEW-HAMPSHIEE. [1740 

government that takes up so much of your time and for which you are so 
much concerned, we could not meet in Genera] Assembly til there had been 
a long session in that Province, and til the business of it was finished. For 
though it be true that your Excellency issued out proclamations in order to 
our Enlisting men, for his Majesty's service, it was not likely that any num- 
ber should Enlist amongst us til they knew what encouragement would be 
given them here and who would be their imediate Captains which could not 
be known til now, when there is but little time left ; and for the foregoing 
reasons sundry of our men have enlisted under the Commanders appointed 
in the other Province. As to what your Excellency mentions of the numbers 
y l we raised and the Expence we were at upon the Canada Expedition, we 
must observe that was an instance of that great forwardness that we have 
always shown for his Majestys service, and that what you mention as that 
which might have been a just discouragement at that time, (viz.) our long, 
cruel and bloody war, and reaping the fruits of our fields with our lives in 
our hands, was a great inducem 1 for us to do as we did : — for the Expedition 
was designed against a People that we supposed to instigate the Indian 
Enemy to most of their Barbarities and we were in hopes if it had succeeded 
that it would have been a means of putting an End to their Cruelties and 
have tended to our future safety and security, and we were willing to put 
ourselves to almost any difficultys for the sake of so great a blessing. And 
besides, though our number be much increased since that time we were not 
then under the Kestriction as to a paper Currency that we are now when we 
cannot Issue Bills, but what must presently be called in again which makes 
the raising men much more burdensome, and then, though as your Excel- 
lency says, we are for the present at peace with our French and Indian 
Neighbors, It is well known that the Indians have been wont to grow sturdy 
and troublesome upon the least prospect of a rupture w th France, and they 
have lately given out many threatenings and should they break out into a 
War we should want our men for the defence of his Majesties Pro v. But not- 
withstanding all this we have chearfully pass'd a vote for the encouragement 
of men to enlist in his Majesty's service and sent up to the Board in pursu- 
ance of what your Excellency recomended to us yesterday in the afternoon, 
and shall be still ready to do every thing in our power, that we possibly can 
in our present situation: and as we beg leave to add to what your Excellency 
says of former Assem s that they have made repeated professions of the 
readiest obedience to his Majesty, that we hope they have made good those 
professions, we assure you that we shall do the same and be not only forward 
to afford Him any assistance in our power in carrying on the just and neces- 
sary war which he has entered into, but exert ourselves upon this and all 
other occasions for his Majesties Honor & Interest. 

Andrew Wiggin, Speaker. 
Aug st 2 d 1740. 

A message to the House by Messrs Jaffrey, Waldren, Atkinson 
& Rindge with the vote of the House sent up on Saturday to rec- 
ommend it to their reconsideration and amen dm* and to read to 
them Col Blakeney's letter to his Exc y as Dated in July last, and 
also the Instructions shewing that y e appointment of the officers 
appertaining to the Gov r & Coun. 

A message to the House by Jno. Rindge, Esq. to propose to 
them the raising a Comittee to make an estimate of the sum 
necessary to be raised for y e present Expedition. 

A message to y e Board by several members with a vote for 
raising £3000 <fcc. for y e Cuba Expedition. 

Adj d til to morrow, 10 o'clock, a. m. 



1740.] JOURNAL OF THE ASSEMBLY. 71 

Pro. N". Hamp r At a Gen 1 Assemb. held at Portsm by adj* Tues- 
day Aug st 5 th 1740. 

Present in Council. 
His Excellency Jona. Belcher Esq. Gov r 



Shad a Walton 1 Eph a Dennet 

Geo. Jaffrey Josh a Peirce 

Joth : Odiorne J> Esqs. Jos. Sherburn 

Henry Sherburne | Ellis Huske 

Rich d Waldron Theo. Atkinson 



Esqs. 



The vote of the House sent up yesterday for raising £2000 (1) 
towards y e Cuba Expedition read and the question put whether 
the Council will concur with it as it stands, it passed in the nega- 
tive. Then it was concurr'd with amendm ts and sent down by the 
Sec y for concurrence. 

A message to the Board by two members of the House with a 
report & vote ab* a Boundary between the two parishes in 
Kingston. 

Also a vote for a Comittee to make an Estimate of y e charge 
of y e Expedition to Cuba. 

Also, an address to his Exc y to desire a copy of his instruc- 
tions, &c. 

P.M. 

A message to the Board by two of the members with the vote 
for transporting troops concurr'd with the Council's Amendm* & 
his Exc y assented to it. 

The vote of the House sent up in the morning for a Comittee 
to make an Estimate read, voted a concurrence. 

A Petition of the Selectmen of Chester read and sent down by 
y e Sec y . 

A message to the Board by one of the Lower House with a 
vote of represent, for a Comittee to provide transports &c. read 
and concurr'd (2). 

Adj d til to morrow 10 o'clock, a. m. 

(1) Preceding record, £3000.— Ed. 

(2) In the margin is the following: 

Sent Livermere ) 

kingston report > Returned. 

& papers — ) 

Sent Packer # j Returned . 

Derry Papers ) 

Lent Geo. Walton ) 

ye Transport, Vols? ) 



72 PROVINCE OF NEW-HAMPSHIRE. [1740. 



V Pro:N. Hamp r . 

[p. 189.] Wednesday, Aug st 6, 1740, ■ 

Present — [Governor and Council as before.] 

A Petition of a Committee of Barrington to enable them more 
effectually to collect Proprietors taxes, read and sent down by 
Mr. Dennet. 

The Petition of the Selectmen of Chester sent down yesterday . 
bro't to the Board by Capt. Roby. Lent Livermore Chester Peti- 
tion — Returned. 

A Petition %o the selectmen of Kingston read & sent down by 
the Sec/. 

A message to the Board by one of y e House w th ,a vote for 
adding £700 to ye 2000 £ already voted. This vote lent (?) to 
Mr. Went worth. 

A message to the Board by one of the members w th Kensing- 
ton Petition & vote allowing of y e an assembly man. 

Adj d til to morrow, 10 o'clock, a. m. 



Pro. N. Hamp r . At a Conn. & General Assembly held at Portsm c 
by adj*, Thursday, Aug st , 7 th , 1740. 

Present in Conn. 
His Excellency Jonathan Belcher, Esq. Gov". 
Shad a Walton 



Geo. Jaffrey 
Joth. Odiorne 



Josh. Peirce 

Jos. Sherburn ™ 

ES( 1 S TCllia TTnflVp > ES ^ 



join. "L/aiorne > jlscis t^i- TT •, > 

tt qt x. f l Ellis Huske f 

Henry bnerburn T1 e a+i ■■ 

x>- uaxxr ii 1 neo e Atkinson 

Rich d Waklron J J 

His Excellency' ] s Message, Aug. 7, 1740, 

[Copied from MS., " Gov 1 Message," p. 191.] 
Gentlemen of the House of Represe?i ts . 

In answer to y r Message of the 2 d Instant, I must observe to you, That the 
King has invested me with the power of convening, adjourning, proroguing 
& dissolving of Assemblys' & that I have always made it one Rule of my Ad- 
ministration to exercise that power so as might most contribute to his Maj- 
esty's service & to the ease of his subjects. Nor have I ever sufferr'd the 
affairs of my other Government to interfere with those of this but have as 
often visited this Prov : & held as many sessions of General Courts (or more) 
than any of my Predecessors have heretofore done. 

The principal design of this Session being only to £ive you an opportunity 
of doing y r duty to the King in raising what money might be necessary for 
victualling & transporting a number of men for the intended Expedition, who 
were not under any necessity of proceeding in less than a month from my 
mentioning the matter to you, I well knew you had time sufficient for making 
the proper provision for them. In obedience to his Majesty's orders I gave 
reasonable notice to his good subjects of the Prov: of the intended Expedi- 
tion as I did in the neighboring Government & in the way & manner his 



1741.] JOURNAL OF THE ASSEMBLY. 73 

Majesty directed to. The Act begun in y r House & since past the whole Leg- 
islature plainly shews what you call the little time left has been more than 
sufficient for y r doing y T duty in this affair. You y 1 ' selves have obviated the 
difficulty y° inadvertently started as to raising money by reason of the King's 
restriction on a paper currency since y° have provided that the people may 
pay this tax in sundry species of the Province instead of bills of Credit. 
What I have now said I think must convince all reasonable men and even 
make you confess j x what y° would have laid as obstacles in the way of y r 
duty were but frivilous pretences & serve only to shew the little regard y° 
have to the King's service & honour ; while I consider this, & that an Assem- 
bly can always be convened in this Province in the space of 14 days, I have 
ordered the Sec>' to declare this 

Dissolved. 
Aug. 7, 1740 J. B. 

[p. 190.] A message to the Board by Mr. Packer with three 
bills past in the House w ch were read & concurred, viz. Kingston, 
Chester London Deny. 

A message to the House from y e Council per Messrs Waldron 
& Atkinson to desire they w d give dispatch to the Bills for defray- 
ing the charge of the Troops, &c. postponing their attention to 
any other matters til the business of the Expedition is completed. 

DlSOLVED. 



[p. 191.] Anno Regni Regis Georgii 2 di 14to. 
Pro. N. Hamp 1 '. At a Council and Gen 1 Assembly held at Portsm , 
Thursday 12 Feb y 1740-1. 

Present in Conn. 
Joth. Odiorne } -™ Jos. Sherburn \ -™ 

Rich d Waldron [ ^ S( * s Ellis Huske j Jisqs - 

Theo. Atkinson, Esq. 
The Sheriff made return of the King's writ for electing repre- 
sentatives. ^The names of the persons elected & returned are as 
follows, And w Wiggins, &c. vide writ. 

As many of the representatives being twelve were sworn by 
Rich d Waldron and Jos. Sherburn, Esqs. pursuant to an order 
from his Exc y the Gov r . 

Then the Sec y adj d the Coun 1 and Gen 1 Assembly by his Exc ys 
order to Fry day the 20 th Instant at 4 o'clock, p. m. 



Fry clay, Feb. 20 th 1740-41. [Met according to adjournment.] 

Present 
Rich d Waldron Ellis Huske, Esqs. 

The Council and Gen 1 Assembly by his Excelly' 3 order to the 
Secretary were 

Adjourned to Fryday the 27 th inst. 



74 PROVINCE OF NEW-HAMPSHIRE. [1741. 






Esqs. 



[p. 193] Fryday, Feb y 27, 1740-1. 

Present in Coun 1 
His Excellency Jona. Belcher, Esq. Gov 1 ". 
Shad a Walton 1 Josh a Peirce 

Joth. Odiorne I -^ Jos. Sherburn 

Henry Sherburn f ^ s Ellis Huske 

Rich d Waldron J " Theo. Atkinson 

The representatives sent a message to his Exc y by the door 
keeper to inform, there were several members attending w ch were 
not sworn, and to pray they might be sworn. His Exc y sent the 
Sec y & Jo. Sherburn. Esqs. to the House to swear them w ch was 
done. The Sec y was also ordered by his Exc y to direct the repre- 
sent 8 to proceed to the choice of a speaker & to present him w ch 
was done. 

Mr. Clarkson and 3 other members came to the Council Board 
to inform his Exc y that the represent 8 had chosen Andr w Wiggins, 
Esq. unanimously for their speaker. ' 

A message from his Exc y to the House by Mr. Atkinson to re- 
quire the attend 06 at y e Coun. Board. The Speak 1 " and House 
came up accordingly, to whom his Exc y was pleased to make the 
following speech, (1) and upon the speaker's request gave him a 
copy of it. Then the Assembly withdrew. 

A message to the lower House from his Exc y by the Secretary 
w th a copy of y e Instructions and of Adm 1 Ver — ons letter re- 
ferred to in his Exc y,s speech. 

Adj d til to morrow, 10 o'clock, a. m. 



^ 



[p. 195.] Saturday, Feb. 28, 1740-1. 

Present [as before.] 

A message from the lower House by Mr. Packer to his Exc y 
requesting a copy of the plan of Merrimack river annexed to his 
Exc ys Instructions. 

A message to the Lower House from his Exc y by Capt. Huske 
to show them the plan of Merrimack annexed to his Instructions, 
and to Inform them they should be served with a copy as soon as 
it could be prepared. 

A message to the Board by one of the represent 8 with a vote 
for preparing a Bill to limit the exportation of provisions to his 
Majesty's Dominions & subjects only. Which was concurred 
with. 

Adj d til Monday next 11 o'clock, a. m. 

(1) This speech cannot now be found.— Ed. 



1741.J JOURNAL OF THE ASSEMBLY. 75 

Monday, March 2 d 1740-1. 

[Met according to adjournment.] 
A message to the Lower House from his Exc y by Mr. Atkinson 
with a copy of the Plan annexed to his Ex ys Instruct 11 . 

P. M. 

A message to his Exc y by Capt. Walker to inform that a mem- 
ber was attending who had not been sworn, & to pray that he 
might be sworn, which was immediately done by the Sec y & Jo. 
Sherburn, Esq. 

Adj d til to morrow, 10 o'clock, a. m. 



Tuesday March 3 d 1740-1. 

[Met according to adjournment.] 

A message to his Excellency by Mr. Geo. Walton to pray that 
a new member just come to town might be sworn w ch was done 
accordingly by the Sec y & Jo. Sherburn, Esq. 

By Mr. Walton a written message was bro't his Exc y , praying 
the House might be advised what method his Exc y proposed ab l 
running the boundaries. 

Adj d til to morrow, 10 o'clock, a. m. 



Message of the House to the Governor, March 3 d , 1740-1. 

[Copied from MS. " Gov' s Messages," in Sec^ office, p. 195.] 

A message from the House of Represent to Ms ExcelP about the affaire of 
the Lines refer'd to in' his Speech of Eeb> r 27 th 1740-1. 

May it Please your Excellencie, 

The House having maturely perused his Majesties Aditional Instruction to 
| your Excels Relating his Maj tkh - Judgm 4 in the affaire of the Boundry Lines, 
which you was pleased to comunicate to the House, And finding the said In- 
struction is directed to your ExcelP' as Goven r of the Massachusetts only, and 
therefor apprehend it was never the intent of his Maj tie that this Province 
I should be at any further charge in ascertaining the Lines ; besides we find 
that his Maj tie hath conhrm'd that part of the Comiss rs Judgm* that saith the 
I charge of the Comission as also of the Comiss rs & their offices &c. shall be 
] Equally born by both Provinces. 

I A considerable Ballance according to the Judgment being due from the 
I Massachusetts to this Governing a Particular Account of which as we are in- 
I form'd hath been presented to your ExcelP', while the Gen 1 Court of your 
I other Governm 1 was sitting, by the Comittee appointed by the Gen 1 Court of 
this Province, that attended on that affaire, which we hope your ExcelP will 
I see adjusted (and supposing we were to beare our proportion) yet that Bal- 
I lance being much more than what we think will be sufficient for defraying 
I the whole charge in ascertaining the other parts of his Maj ties Judgm* so that 
I we did not think to be call'd upon for any supply of money on this affaire. 



76 PROVINCE OF NEW-HAMPSHIRE. 



[1741. 



Notwithstanding ail which rather than the Executing his Maj ties Judgm* 
should be any ways delayed, if your Excels insist upon a supply from this 
Province, we will be ready to do every thing that may be proper on our part. 

But we are at a loss to know what Provision to make, or what supply will'! 
be sufficient for that End till your Excell>' shall be pleas' d to advise us of the 
method you propose of doing it in for guidance and direction. 

In the House of Eepresentatives 
Voted to be sent to his Excels. 

James Jeffry, Cler. Ass m . 



'The answer of the House of Representatives to his Excelly* | 
Speech of the 27 th Feb? . 
[Copied from MS., " Gov rs Messages," Vol. I, p. 205.] 
May it please your Excellencie, « 

We the Representatives of his Maj ties Province of New hampshire in Gen 1 " 
Assembly conven'd, having taken your Speech into consideration cannot but 
say that we are sorry his Maj ties additional Instruction to your Excels with 
his Royal Determination on the Boundary Lines (which we long since have 
had an account of) comes so late in the manner you are now pleased to rec- 
ommend it to us for a supply, and seeing the Winter has been so suitable for 
the effecting such an affaire, it might possibly have been compleated by this 
day, if it had been earlier recommended to us. 

We do not think it strange that your Excelly s other Grovernnr have shewn 
themselves so backward to comply with his Maj ties Instruction, nor are we 
surprised at the Resolution of that Assembly to postpone this affair. It being 
no more than the Representative Body of that people have been Resolved 
upon for thirty years past, and as they have always done what they could to 
obstruct the decision of that matter, we make no doubt but they would be glad 
if it might never be bro't to an Issue. 

We being willing to manifest the like duty & Loyalty to his Maj tie that for- 
mer Assembly? have been wont to do, & being desirous that his Royal orders 
might be imediately put into Execution (Tho' as we apprehend it was the 
Business of the Mass ;l by his Majesties Instruction to have don it at their own 
cost,) We have unanimously Voted a supply into the Treasury for that service, 
of five hundred pounds, Depending upon your Exceily' s declaration that you 
will do your part, as we have cherefully & readyly done (as we think) more 
than owers. 

As to the other additional Instruction laid before us we esteem it an unhap- 
piness that your Excels is under those restrictions, and wish his Maj tie had so 
fully been informed of our Circumstances, as to know how difficult & almost 
Impossible it is for us to do what is necessary for the defence of the Province 
w ch out the immediate Emission of Bills of Credit; And as your Excels tells 
us, We know the ruinous condition which the only Fort of the Province lyes 
in, we are, at a loss how to prevent it, our paper Currency not being to Extend 
beyond the next yeare ; But having already come into such measures, shall 
be willing to do all we can in our present situation. 

With respect to the State of the Treasury we shall looke into it as your Ex- 
celk' recomends, if we are allowed the time and act in the affaire as we are 
able. 

As to the Exportation of Provisions, as we have already come into a vote 
relating to that affaire, we. shall take the matter into further consideration 
and be willing to do all that can be tho't proper for his Maj ties service. 

But with respect to what your Excels offers to our consideration, relating 
to the manufactory notes of a Combination of Persons in the other Governm 1 
we beg leave to observe that as we have not the scheam laid before us, And a 



1741.] JOURNAL OF THE ASSEMBLY. 77 

great many of us are unacquainted with it, It will be rash in us to Act in that 
matter till we know more of it. But shall be willing in that and every thing 
else to comply with whatever appears to be for the Hon r of his Majestie and 
the good & safety of the People whom we Represent. 

Andr w 
March the 13 th 1740-1. 



[p. 197.] Wednesday March 4 th 1740-1. 

[Met according to adjournment.] 
A written message to the House from his Excellency by the 
See 7 concerning the method of running the boundaries. 

P.M. 

His Excellency was pleased to make a Speech to both House w ch 
was read at Council and then sent to the low'r House by the Secre- 
tary recommending the nominations of Persons to run the line. 

A message to the Board by Messrs Davis & Barw th a vote for 
raising 700 £ to repair the fort, also a vote to farm the excise 
which last was concurred. 

Adjourned til to morrow 10 o'clock, a. m. 



Gov. Belchers Speech, March 4, 1740-1. 

[Copied from MS., " Gov rs Messages," inSecretarys office, Vol. I, p. 197.1 

Gen 1 of y e House of Represent 

In answer to your Message to me requesting to be informed of y e method in 
which I propose to execute his Majesty's Judgment, I think the best way of 
doing it will be by a skillfull surveyor or surveyors and chainmen on oath 
with a proper number of spotters* and baggagemen to attend them. If you 
think of any other better way, I would readily fall into it and since the season' 
is so very suitable to do the business I am of opinion it is best to have two 
companys to go to Pentucket Falls together and while one of them runs the 
West course, the other sh'd run the curve line to the sea, and a third com- 
pany sh'd at same time go upon the northern Boundary from the head of 
; Newchawanock river, this will give a quick dispatch to the whole affair and 
! enable me soon to lay the return before his Majesty in Council which I shall 
. gladly do as soon as the business is ace omplish'd. My principal busyness with 
; an Assem. at this time was to lay before them the King's royal orders in this 
! matter depending on their making a sufficient supply of mony to carry these 
1 orders into Execution, and you now say you are ready to do every thing 
i proper on your part, which I desire may be done with all possible dispatch, 
and I assure you no time shall be lost by me to put forward this important 
i affair so necessary to the peace and quiet of his Majestys subjects of both 
Provinces. As to what you mention of an acct. presented me by a Committee 
of this Prov. I never saw any but what was brot me by a pretended or real 
| messenger from them in an indecent improper manner without any letter ac- 
companying it, or so much as a cover to it, that I know not whether the per- 
son had come fairly by the acct. or whether he had any busyness with it. I 
tell you this by way of caution, to prevent your being imposed on by misin- 
formation ; if you have any ace* that you desire me to lay before the Mass^ 



78 PROVINCE OF NEW-HAMPSHIRE. [1741.1J 

Assem. I will readily do it at the first opportunity and let you know y e result 
of my so doing. I sh'd be glad, Gen 4 to do any thing in my power for his- 
Majesty's service and for the weal of this Province. 

J. Belcher. 
March 4 ffi 1740-1. 



[Copied from MS., " Gov rs Messages," Vol. I, p. 207] 

■Gen 1 of y e Court, and of the House of Represent, 

I have already laid before you his Majesty's orders to me for carrying his 
Judgment in Council respecting the Boundaries betwixt this Province and 
that of the Mass a Bay into execution, and altho this affair is under the abso- 
lute direction of the King's Governor yet I shall be glad of your advice and 
nomination to me of a double number of p'sons fit for the service out of 
which I would appoint a sufficient number to go through the busyness, and in 
this matter no delay must be made. 

J. Belcher. 

March 4, 1740-1. 



Pro. N. Hamp r At a Council and General Assembly held at 
Portsmouth by adjourn 1 Thursday, March 5, 1740-1. 
Present in Council 
His Excellency Jon a Belcher, Esq. Gov r . 
Shad a Walton ) Josh a Peirce 1 

Joth. Odiorne I -™ Jos. Sherburn I *« 

Henry Sherburn f ^^ , Ellis Huske f ^ Sq8, 

Rich d Waldron J#j4 Theo. Atkinson J 

[p. 198.] John Kenny and Otis Pinkham presented a Petition 
in behalf of the Quakers &c. w ch was read & recommended & sent 
down by Mr. Atkinson. 

A message to the Board by Mr. Packer w th a vote for buying 
powder, who also informed His Exc y that there was a member 
waiting that was not sworn, and praying he might be sworn, 
which was done by the Sec y and Col Jo. Sherburn, Esq. 

P. M. 

A written message to his Exc y . by Messrs Gillm an and Stevens, 
requesting his Exc y ' s opinion on the King's Instructions. 

5 March, 1741. 

A Message from the House of Representatives to his JExcelP in 

answer to his Mess a of the 4 th currK 

[Copied from " Gov rs Messages in Secy s office," Yol. I, p. 199.] 
May it please your Excelft. 

On the 3 d Inst this House came into the following determination & accord- 
ingly sent a Mess a to your Excels of that Date, That they would peremptorily 
comply in Every regard with the King's Instruction in that affair of the Lines 
■■& that they cherefully would be at the cost of running them in case his Maj tie 



1741.] JOURNAL OF THE ASSEMBLY. 79 

in said Instruction had but hinted it as his pleasur, which we humbly con- 
ceive by the direction of said Instruction, was not meant or intended, and in 
the said vote we gave sundry reasons for our opinion on that head, since 
which we have received your Excell^ Mess a of yesterday to this House, and 
another to his Maj ties Couneill and this House of the same Date, But neither 
Enlightens the House in the affaire of the supply. 

What the House then principally wanted to Enquire of y or Excels was, 
Whether his Maj tie expected this Province should be at the whole Expence, or 
Whether your Excels by that Instruction you was pleased to Comunicate to 
us, tho't this Province was to be at the Expence. 

Your Excell y in the first Mess a to the House of yesterday was pleased to 
say you depended upon our making a sufficient supply of money to carry 
those orders into Execution, And by the King's Instruction now before us, 
the House by no means thinking that requires any such thing, so at the same 
time we are to a man willing to be at the Expence, if that was his Maj ties 
pleasure, the supply being what was principally mentioned by your Excels. 
The House begs your Excell^ 8 advice and assistance in getting over that head 
first, & then we can assure your Excell>' one moment of time shall not be left 
by us, but will instantly make all proper Provision on our part so as his Maj- 
esties Royal determination relating the Boundary Agreeable to his Maj ties In- 
struction to your Excels on an affaire of so great a consequence to the Peace 
& welfare of his Maj ties good subjects of this Province, which your Excell>' 
cannot but be sensible of the steady zeal they have prosecuted the same even 
to the obtaining his Majesties Royal determination in the affaire, and would 
therefore by no means render fruitless the Labour of so many years by a sud- 
den hurrying into measures contrary to his Majesties Royal Instructions to 
your Excell- V , which is the maine reason we are so cautious to apply to your 
Excels for advice in the before mentioned heads. 

We are sorry the Gen' that delivered your Excell- 7 the accompt of Expences 
of this Province on the affaire of the Lines behav'd to your Excels with any 
indecencie & improper behaviour. 

We have Inquired of the Comittee who Informs us that such behaviour is 
what they could not suspect from the knowledge they have of that Gen* nor 
from his character & the reason the Committee give the House, of their de- 
livering of that accompt to your Excels thro' his hands, was because they 
! had formerly wrote your Excell- V , desireing you wou'd receive from him, as 
j from them, any papers relating to the Lines, and he had often times waited 
I on your Excels on their behalf on that affaire. 

We do not understand by the Kings Instruction that we have any thing to 

do with the Mass a Assembly in the affair, your ExcelP being the Person to 

whome his Majesties Instructions is directed, and the only person to whom 

j the Comittee could apply, and as we think agreeable to the Express words of 

the Instruction, which we apprehend Respects the Expences so farr as men- 

I tioned in the Judgm 1 as well as the Lines themselves. 

James Jeffry, Cler. Ass m . 
March 5 th 1740-1. 

The vote sent up in the morning for buying 400£ worth of 
powder read and concurred. 

The vote sent up yesterday for a tax of 700£ in specie read and 
non-concurred unanimously 

A message to the Board by Messrs Roby & Giddens with a vote 
for a Committee of Audit. 

Adj° til to morrow, 10 o'clock. 



>u 



Pro. 1ST. Hamp 1 ' At a Council and Gen 1 Assembly held at Portsm* 5 
by adjournment Saturday March 7, 1740-1. 
Present in Council 
His Excellency Jona. Belcher, Esq. Gov r . 
Shad a Walton 1 

Joth. Odiorn I ™ Ellis Huske ) ™ 

Henry Sherburn f ^ s ' Theo. Atkinson ) ^ sqs * 

Jos. Sherburn J 

A message to the Board by Messrs Matoon and Barr f w th a. 
vote for amending the Provision Bill 
Adj d til Monday next 10 o'clock, a. m. 



80 PROVINCE OF NEW-HAMPSHIRE. [1741. 

Fry day March 6, 1740-1. [Met according to adjournment] 

[p. 199.] A message to the Board by Messrs Jennis and Gage 
w th a bill prohibiting the killing of Deer. 

The Quaker petition. 

A bill ag st Exporting Provisions. 

A written message from his Exc y by the Sec y ab* Explan 8 of 
Instructions. 

[Copied from MS. " Gov 18 Messages," Vol I, p. 193.1 

Gent, of if House of Represent. 

In answ 1 ' to yo r Message of yesterday, I w' d observe y or desiring my expla- 
nation of y e King's royal order about the boundaries as to what in them 
relates to you, I by no means dare to do, because I find no direction in the j 
King's order to Expound upon it but only to communicate the same to | 
the Council and Assembly, which I did at the first opening of this Sessions, 
and it is with you Gentlemen to understand and act for yourselves, and I j 
think you need be at no loss about this Province being at the expence of the ' 
service now to be done, since I have so plainly urged it upon you once & 
again, and I now repeat when you have made the needfull supply of money, 
I shall pay the strictest obedience to his Majesty by carrying his royal order 
into Execution without delay. And I would further say unless you make 
such provision the matter must stil remain undone. 

J. B'elchek. 

March 6, 1740-1. 

A message to the House by Mr. Atkinson w th the bill ab e Deer 
to be amended. 

A message to the Board by Messrs Walton & Davis w th the bill 
ab* Deer amended, Also a vote for 500£ to settle the lines. 

Adjourned til to morrow, 10 o'clock, a. m. 



1741.] JOURNAL OF THE ASSEMBLY. 81 

[p. 200.] Pro : N. Hamp r At a Council and Gen 1 Assembly held 
at Portsm by adjourn* Monday March 9 th 1740-1. 
Present in Council 
His Excelency Jona. Belcher, Esq. Gov r . 
Geo. Jaffrey Josh a Peirce 

Joth. Odiorn l TT ^ os * Sherburn 

Henry Sherburn [ Ellis Huske 

Rich 4 Waldron J Theo. Atkinson 

Shad a Walton, Esq 

A message to the Board by Messrs Clarkson & Pack — 
Adj d til tomorrow, 10 o'clock, a. m. 



36'- 

Tuesday, March 10 th 1740-41. [Met according to adjournment.] 
[Present as before.] 
A message to the Board by Mr. Walton and another member 
praying the House might have leave to withdraw their vote which 
was sent to them by Theodore Atkinson, Esq. 

[p. 201.] P. M. 

A message to the Board by Messrs Stevens & Mr. Odiorne w th 
the Bill to prohibit the Exportation of Provisions : also a vote 
for appropriating 500£ to repair the Fort, w ch was concurred. 

A message to the House by Capt. Huske to desire the Acct. of 
y e Committee appointed to hire a transport <fcc. who bro't it to 
the Board. 

Adj d til tomorrow 10 o'clock, a. m. 



Wednesday, March 11, 1740-1. [Met according to adjournment.] 
[Present as before.] 
The vote for a Committee of Audit read & concurred. 
A written message to his Exc y — nothing was lying before the 

TT D 

House, &c. 

A message to the Board by Col Jo. Sherburn to Inform them 
the vote of the House for an Audit is concurred w th And that the 
Auditors on the part of the Board, would attend to morrow at 8 
o'clock, A. M. 

Adj. til to morrow, 10 o'clock a. m. 



547 



82 PROVINCE OF NEW-HAMPSHIRE. [1741. 

[p. 202.] Thursday, March 12 th 1740-1. 

£Met and adjourned.] 



At a Council held at Portsm Thursday March 12, 1740-1. 

Present 
His Excellency Jona. Belcher, Esq. Gov r . 
Shad a Walton 1 R. Waldron } 

Geo. Jaffrey I -^ Josh a Peirce I ^ 

Joth. Odiorne f ^ S ' Jos. Sherburn f ^^ 

Henry Sherburn I Ellis Huske J 

Theo. Atkinson, Esq. 
His Excelency proposed the employing Mr. Walter Bryant as 
a Surveyor w th 8 Assistants to run out and mark the boundary 
between this Province and the County of York pursuant to his 
Maj ties add 1 Instructions, & that y e s d Bryant sh'd have 23 s per 
day, and five pounds when he made his report, and his assistants 
13 s pr day each, to w ch the Council did advise & consent, and the 
Surveyor and chainmen were then sworn & sent forward imme- 
diately. 



Fry day, March 13 th 1740-1. [Met according to adjournment.] 
[Present as before, except Shad a Walton Esq.] 

A message to the Board by Messrs Roby and Ban* w th a bill to 
ease People that were scrupulous in swearing. Concurred. 

Vote to tax Chester — Concurred. 

& a vote to pay Tom Pinkham — concurred. 

Mr. John Ayre presented a Petition w ch was read & recomend'd 
to the Assembly, and sent down pr Theo. Atkinson, Esq. 

By Mr. Atkinson also was sent down the Quakers Bill (past in 
the House) to be signed by the Speaker which was done. 

Mr. Atkinson carried down, also, a new new Bill passed in 
Coun. to prevent the Exportation of provisions. 

[p. 203.] P. M. 

A message to the Council by two of the House w th an acct of 
Capt. Rindge and a vote thereon, also another acct of the Com- 
mittee (appointed to wait on y e line Comm rs , with a vote thereon. 

A message to his Exc y by two of the mem brs with an answer to 
his Exc ys Speech. 

Adjourned til tomorrow, 10 o'clock, a. m. 



1741.] JOURNAL OF THE ASSEMBLY. 83 

''.At a Council, March 16, 1740-1. 

[Present as before.] 
His Excelency proposed the Employing George Mitchell, Esq. 
as a Surveyor to run out & mark the similar curve line pursu- 
ing the Course of Merrimack river at 3 miles distance on the 
north side, pursuant to his Majesty's additional Instructions, to 
which the Council did advise & consent and the surveyor & chain- 
men were then sworn & went forward immediately. 



Saturday, March 14, 1740-1. 

[Met according to adjournment.] 
[Present as before.] 

Several Messages to the Board by several members, with the 
Provision Bill w ch was concurr'd ; also with vote for a record 1- w ch 
was concurr'd, & a message to the Gov r ab f the Treas er Accts. 

His Ex y imediately ordered the Treas r to lay before the Assem. 
what further accts. they wanted of him without delay, and sent 
Mr. Atkinson to acquaint y e Assem he had given such order. 

Adj d til Monday next, 10 o'clock, a. m. 



[p. 204.] Monday, March 10, 1740-1. 

[Met according to adjournment] 

A message to the Board by Messrs Parker and Davis w th a vote 
for paying to y e Hampton Committee £751: 6: 2. out of the 
money provided for y e Expedition ag st New Spain, and to inquire 
whether the vote of allowance to the Hampton Committee sent 
up y e 14 curr*, was concurr'd. 

Adj d til tomorrow, 10 o'clock, a. m. 



Tuesday, March 17, 1740-1. 

[Met according to adjournment.] 
A message to the House by Messrs. Odiorne & Atkinson w th a 
message from his Exc y proposing an alloAvance for arrearage of his 
Salary. 



[p. 208.] At a Council, March 17, 1740-1. 
[Present as before.] 
His Exc y proposed the employing Mr. Rich d Hazzen as a Sur- 



84 



PROVINCE OF NEW-HAMPSHIRE. 



[1741. 



veyor to run out and mark the west line from a point 3 miles 
north of Pawtucket to be continued til it meets w th his Majesty's 
other Governm t8 pursuant to his Majesty's additional Instructions, 
for £300, to which the Council did advise and consent, and the S d 
Hazzen & his chainmen were then sworn, and proceeded immedi- 
ately. 



Loss on Gov. Belcher's Salary. 

[Copied from a Paper in " Governor's Messages," in Secretary's office.] 

Computation of the loss on the Gov s Salary occasioned by the low value of 
the Bills of Credit, being £600 in Bills of Credit, and supposed to be worth 
at the settlem 1 of y e Salary £200 sterling, and was always intended to be 
equivalent thereunto & hereby to answer his Majestys Royal Instruction on 
that head. 

£200 
850 



1730 

Aug st 25 To Aug st 25 1731 
One year Salary Sterls 
Exch a then Curr £ at 250 


£200 
£500 


1735 to 1736 
Exch a 425 


Rec d 


£700 
£600 


Rec d 


Suffered 

1731 to 1732, 
Excha. 250, 


£100 

£200 
£500 


1736 to 1737, 
Exch a 425 


Rec d 


£700 
600 


Rec d 


1732 to 1733 
Excha. 270 


£100 

£200 
£540 


1737 to 1738 
Exch a 425 


Rec d 


£740 
600 


Rec d 


1733 to 1734 
Exch a 300 


£140 

£200 
£600 


1738 to 1739, 
Exch a 425 


Rec d 


£800 
600 


Rec d 


1734 to 1735 
Exch a 425 


£200 

£200 
£850 


1739 to 1740 
Exch a 425 


Rec d 


£1050 
600 


Rec d 


= 


£450 


.Suffered 



£1050 
600 

£450 

£200 
850 

£1050 
600 

£450 

£200 

850 

£1050 
600 

£350 

£200 
850 

£1050 
600 

£450 

£200 
850 

£1050 
600 



£450 

I 



1741.] JOURNAL OF THE ASSEMBLY. 85 

So that the Gov r has lost by the sinking of the Bills, 

In 1731 £100 

32 100 

33 140 

34 200 

35 450 

36 450 

37 450 

38 450 

39 450 

40 450 



£3240 



Besides the interest for his money for several years while there was no sup- 
ply to the Treasury. 



Gentlemen of the Council and of the House of Representatives. 

I have been so great & so long a sufferer by the continual sinking of the 
publick Bills of Credit that I am obliged to lay the State of that matter before 
you where you will find I make due to me from the Province upwards three 
thousand pounds — expecting you will think it reasonable that provision be 
made for securing this deficiency to me, when you provide for the other just 
debts of the Prov. 

March 17, 1741. J. Belcher. 



17 March 1740-1 
In the House of Representatives 
May it please your Excellency 

Upon your Mess a to this House this morning relating to the loss you have 
sustained in your Sallary by the depreciating of money We have had re- 
course to a vote of a former Assembly for the settlem 1 of your Sallary, and we 
find by the said vote your Excels is allowed six hundred pounds pr Annum of 
the Currency of this Province, but nothing mentioned in said vote respecting 
either the Rise or fall of money. Agreeable thereto in your own words in 
your Speech to that Assembly in the yeare 1730, viz. " But as you have duti- 
" fully complied with his Maj ties order in fixing my support, lam content, and 
" thank you, and I will at no time take any "money but what is my due and 
" that in the most laudable way and manner." 

James Jeffrey, Cler. Ass m . 

Mar. 17 th 1740-1. Voted. 



[p. 205.] Prov : N". Hamp r . 

At a Council and Gen 1 Assembly held at Portsmo' by ad- 
journm 1 Wednesday March 18, 1740-1. 
Present in Council 
His Excellency Jona. Belcher, Esq. Gov r 
Geo. Jaffrey Josh a Peirce 

Joth Odiorn I ^ Jos. Sherburn 

Henry Sherburn f ^ Ellis Huske 

Rich d Waldron J Theo. Atkinson 

Shad a Walton, Esq. 
A message to the Board by Mr. Davis w th Mr. Ayres Petitio n 



86 PROVINCE OF NEW-HAMPSHIRE. [1741- 

& vote thereon which was sent back by Messrs Jaffrey and At- 
kinson, for to be reconsidered, who were directed by his Excel- 
lency to recommend to them a further provision for running the 
lines, it being the Gov r and coun s opinion that the five hund rd 
pounds already granted is insufficient; Mr. Ayres Petition was 
bro't back by Messrs Jaffrey & Atkinson & the Coun 1 concurred 
with the vote of Assem. thereon, — also the vote to pay the Com- 
mittee y e £751 : 6 : 2. The Conn 1 non-concurr'd y e vote of Assem- 
bly for paying Capt. Rindge's Estate 3143 : 8: 1 1-2. 

A message to the House by Capt. Huske from his Excel! 7 to 
inquire whether they had any thing to send to the Board, who 
returned that he had done the message, and the House had noth- 
ing to send up. 

A message from his Exc y to the House by the Sec y to inquire 
whether they had any additional supply for running the lines to 
send up, and in case they had not then to dissolve them. He f — 
who returned the speaker answered they had no additional supply 
to send, and that he then declared the General Assembly Dissolved 
pursuant to his Exc ys order & they were Dissolved accordingly. 



[p. 206.] At a Council held the same day, p. m. viz. March 18, 
1740-1. 

Present in Coun 1 
His Excellency Jona. Belcher, Esq. Gov 1 ' 
Geo. Jaffrey 1 , Josh a Peirce 



Joth. Odiorne I -^ Jos. Sherburn i ■.. 

Henry Sherburn f ^ Ellis Huske 

Kich d Waldron j Theo. Atkinson 

Shad a Walton, Esq. 
His Exc y proposed the drawing out of the Treasury the residue 
of the money appropriated for running of the line in order to pay 
of the persons employed in that business as their sh d be occasion. 
To which the Council did advise and consent. His Exc y pro- 
posed the drawing out of the Treasury £400 appropriated to buy 
powder, for the fort to which the Council did advise and consent. 
His Exc y proposed the drawing out of the hands of the Com- 
mittee appointed to hire a transport for the West India Expedi- 
tion the money lying in their hands, and so much more out of the 
Treasury as will make it £500 to repair the Fort. To which the 
Council did advise and consent. 

His Exc y proposed Mr. President Walton Col Jo. Sherburn & 
Ellis Huske, Esqs. to be a Committee to repair y e fort Wm. & 
Mary according to a vote of y e Gen 1 Court, passed y e 10 th inst. to 
which the Council did advise and consent. 






ADMINISTRATION OF GOT. BENNING WENTWOETH. 



RECORDS OF THE COUNCIL. 



NOTE BY THE EDITOR. 

His Excellency, Benning Wentwoeth, came to the Government on the 
13 th day of December, 1741, and opened his Commission as Captain-General, 
Governor and Commander-in-Chief, and Vice-Admiral of the same, and 
after the Commission read and oaths administered, a Proclamation was made 
to continue all officers, Civil and Military, in their places till further order. 

The Records and Documents which relate to the Administration of Gover- 
nor Wentworth, are comprised in 
I. The Records of the Council, 
II. The Journal of the House, and 

III. The Journal of the General Assembly, together with valuable Papers 
and Letters which have reference to affairs of thesame period. This volume 
embraces only so much of his Administration, as extends from 1742 to the 
close of 1749. 

The following Records of Council are copied from a MS. volume in the Sec- 
retary's office, labelled " Council Records, 1742 to 1767, 1772 to 1774." The 
same Records are also found in the back part of " Charter Records, Yol. I." 
Pages in the margin correspond with the volume from which transcribed.— Ed. 

, [p. 1.] Province of New Hampshire. 

Anno Regni Regis Georgii Secundi Magnae Brittaniae, Franciae 
et Hiberniae, Decimo Quinto. 

At a Council held at Portsmouth by his Excellency's order 

upon the 5 th Day of April Anno Domini' 1742. 

Present (1) his Excelency Beiming Wentworth, Esq. Governour. 

George Jaffrey ] T , ir TT , ^ 

T .. to ^ v J Ellis liuske ) 

Jotham Odiorne I -r, m i a ^i • ( j? 

Henry Sherburne ( E *'^ £ h< ^, A t f u " 10 " f EsqS - 

Joseph Sherburne J Rloh Wlblrd > 

His Excelency the Governour asked the advise of his Majesty's 
Council whether they would advise him to Issue his Warrants on 
the Treasury for the payment of the several allowances made to 
sundry Persons by the Gen 1 Assembly in their sessions begun & 

(1) The Editor does not think it necessary to repeat the names of the Governor & Coun- 
cil, at every session, but only to denote the changes in attendance. 



88 PROVINCE OF NEW-HAMPSHIRE. {1742. 

holden on the thirteenth of July last, either by vote or Act of 
the s d General Assembly. 

To which the Council then present did unanimously advise & 
consent. 



At a Council held at Portsm by his Excellency's order on the 
14 th day of April 1742. 

Present [the same as before.] 

His Excelency Proposed to his Majesty's Council the Issuing 
of a Proclamation relating to the Distraction of the Pine Trees 
in his Majesty's Woods <$j for the preventing thereof ""AncTalso 
one other Proclamation relating to the Paper currency of this 
[p. 2.] Province now outstanding, giving notice that the same will 
not be curr* longer than the last day of December next. To both 
which Proclamations His Majesty's Council did advise & consent 
And are as follows viz. vide files of Council minutes. (1) 

His Excelency the Governour laid before the Board a Plan of a 
Part of the Rivers Merrimack & Connecticut with a Plan or sur- 
vey of several Towns lately said to be laid out by order of the 
Mass a Governm 4 and it appearing by the said Plan that the greatest 
part of the s d Land lying between the s d rivers & to the north- 
ward of the Massachusetts northern Boundary line was thus sur- 
veyed and this land had as yet very few Improvements thereon, 
& his Excelency hereupon proposed to the Council the granting 
a double line of Towns on the west of Merrimack river beginning 
at the Boundary line between the Governments & to run up the 
river till it comes to Pemigewasset river, each Town to be of the 
contents of six miles square & no more. 

To which the Council did advise as soon a suitable number of 
Persons should apply to the Governour & Council for such Town- 
ships. 

The Petition of the Selectmen of Kingstown praying to have 
a confirmation of their charter & if any ambiguity therein to have 
it rectifyed being read & the charter in the s d Petition referred to 
alsoe read and the consideration thereof suspended till tomorrow, 
Eleven of the clock in the forenoon, to which time the Council is 
adjourned. 



Province of New Hampshire, Thursday, April 15 th 1742. 
The Council met according to adjournment. 
Present [as before, also] 
Joshua Pierce & Sam 1 Smith, Esqs. 
[p. 3.] The Selectmen of Kingstown their Petition & charter 

(1) These files cannot now be found. — Ed. 



1742.] BECORDS OF THE COUNCIL. 89 

read again & voted that there be a surveyor & chainmen ap- 
pointed & sworn to go to Kingstown & measure from that part of 
the boundary line between Hampton & Kingstown that is re- 
puted to be seven miles west from Hampton Meeting House & 
measure from that station west & by north ten miles, from thence 
to measure upon a south point so far as to include the Two hun- 
dred acres grants so called made by Kingstown & from thence 
due East till it comes so low down as to intersect a north & south 
line drawn from a red oak tree & stones near Mitchel's Line so 
called, which ranges with Reuben Hoit's barn & William RowelPs 
house & that Mr. Walter Bryant be the surveyor to do the busi- 
ness above s d & to provide too good chain men who are all to be 
under oath to the faithful Discharge of their respective Trusts 
and to make a Plan of their Survey and of the Town of Kings- 
town — particularly discribing the Lines herein directed to be 
run and return the same to his Excel en cy the Governour as soon 
as conveniently may be don. The Charge of this Survey & Plan 
to be born & paid by the Town of Kingstown. 



Province of ) 

New Hampshire j At a Council held at Portsmouth within the 
Province afores d the 20 th Day of May, 1742. 
Present, His Excellency Benning Wentworth, Esq. Governour. 

George Jaffrey 1 Ellis Huske ] 

J-otnam Odiorne m, -, W1 • 

tt c , T -r, 1 heodore Atkinson t? 

Henry Sherburne f E S q S . R , w f Esqs. 

Joshua Pierce T , ^ 

T r o, -u • J ohii Downing 

Joseph Sherburne J s J 

His Excelency read at the Board a Paragraph of two Letters 
from Mr. Agent Thomlinson of the 6 th of Feb y and 30 th of Octo- 
ber last relateing to sundry Petitions made to his Majesty in 
Council by Mr. Thomas Hutchinson and others inhabitants of the 
Government of the Massachusetts Bay relateing to the settlement 
of the Boundary Lines between the two Governments. 

And hereupon his Excelency desired the advice of the Council 
what answer he should make to the agent. 

[p. 4.] Whereupon the Council advised his Excelency to for- 
ward to the Agent Copys of the sundry Petitions from those per- 
sons from the Sea to Pawtucket Falls & any other Petitions filed 
in the Secretary's office from such persons as had formerly ob- 
tained grants from the Massachusetts, and to direct the agent to 
defend this Government against the afs d Mr. Hutchinson & others 
Petitioners in the best manner he can (1). 

His Excelency laid before the Board a Letter signed J. Spooner 

(l)See " Correspondence," in this volume, Nos. 51 & 52, where the same matter 
to be referred to.— Ed. 



90 PROVINCE OF NEW-HAMPSHIRE. [1742. 

& Zach. Bonny an dated London, Jan y 29 th 1741 in behalf ol 
themselves & Mr. Needham in relation to a grant of a Tract or 
Tracts of some of his Majesties unappropriated Land within this 
Province which they would settle as soon as families could be 
procured. 

& hereupon his Excelency desired the advise of the Council 
whether he should make a grant to the s d Gentlemen — upon 
which the Council did advise that a grant of six miles square on 
the West Side of Merrimack river should be made as soon as the 
same was surveyed & a plan taken upon consideration that the 
s d Gentlemen put sixty families upon the s d Tract of land within 
four years from the date of the Patent unless a French or Indian 
war should happen & in that case to have four years after the 
end of such war if required. 



Province of New Hampshire. 
At a Council held at Portsm June 11 th 1742. 

Present. His Excelency Benning Wentworth, Esq. Governour.. 
Henry Sherburne ) Theodore Atkinson ^ 

Joshua Pierce v Esqs. John Downing >■ Esqs. 

Joseph Sherburne ) Samuel Smith ) 

His Excelency laid before the Board a Survey of the Town of 
Kingstown taken by Mr. Walter Bryant according to the order 
of Council of the fifteenth of April last which was debated upon 
and then ordered to lay upon the Table till to morrow morning 
half an hour after nine of the clock, to which time the Council 
is adjourn' d. 



Province of ISTew Hamp 1 ' Saturday June 12 th 1742. 

The Council met according to adjournment. 
[Present — as before.] 

[p. 5.] Upon considering the Petition above mentioned & the 
survey made by Mr. Bryant it is voted that the southern Bounds 
of Kingstown shall be a straight Line drawn from a stake in 
Mitchell's Line so call'd that stands in a hollow or vale at the 
north end of a Road and on the easterly side of s d road that leads 
from Almsbury cross the Children's Land so called to London- 
derry south east corner & that all other sides of the s d charter be 
as heretofore settled between Kingstown & Deny, Chester, Ex- 
eter & Hampton, & that his Excelency be desired to grant a 
charter accordingly. 

His Excelency the Governour asked the advice of his Majesty's 
Council whether they would advise him to grant Charters of In- 
corporation to such persons as are comodiously situated for Par- 



1742.] RECORDS OF THE COUNCIL. 91 

ishes & Towns that by the late settlement of the Province Line 
fall within this Government and are without any of the Towns 
formerly granted by this Government beginning at South Hamp- 
ton lately incorporated & to end at Litchfield & Notingham so 
called including those last mentioned places. 

To which the Council did advise and alsoe that his Excelency 
would be pleased to enquire into the circumstances of the afors d 
People by a Committee. 



Province of New Hampshire. 

At a Council holden at Portsmouth on Thursday July the 8 th 1742. 

Present — His Excelency Governour Wentworth. 

?Tvf ge nr rey 1 Joshua Pierce ) 

Jotham Odiorne -r, m n A+1 • ( -r? 

tt oi i > Esqs. lheodore Atkinson >-Esqs. 

Henry Sherburne f ffidi* Wibird ) 

Joseph hherburne J J 

His Excelency asked the advise of the Council whether he 
should grant his Warrant on the Treasury for the payment of the 
sundry allowances made by the General Assembly in their Ses- 
sions begun the 13 th Day of January last, & according to an Act 
passed the 3 d of April last. 

To which the Council did advise as the several allowances in 
the s d Act mentioned are or shall become due. 



Province of New Hampshire. 

At a Council held at Portsmouth, October the 11 th 1742. 

[p. 6.] Present — His Excellency Benning Wentworth, Esq. 

Governour. 

George Jaffrey ) m 7 A , r -. 

t +i r\v ( t? lheodore Atkinson ) -^ 

J otham Odiorne >Esqs -r>. , d ^xti- i r Esqs. 

Joseph Sherburne ) Rloh Wlblrd > 

His Excelency proposed to the Council the Issuing a Procla- 
mation for a General Thanksgiving as usual in this Province at 
this season of the year" which was proposed on Thursday the 11 th 
of November next. To which his Majesty's Council did advise. 
Vide files for Proclamations. 



"92 PROVINCE OF NEW-HAMPSHIRE. [1743. 

Province of) 

N. Hamp r j At a Council held at Portsmouth on Saturday- 
March the 12 th 1742-3. 
[Present as above — also Henry Sherburne, Esq.] 
_ His Excelency proposed to the Council his issuing a Proclama- 
tion for a Publick Fast as has been usual at this season of the 
year to be kept on Thursday the 24 th of this Inst. March, to 
which the Council did advise & consent. 



Province of New Hampshire 
At a Council holden at Portsm on Monday April the 11 th 1743. 
Present — his Excellency Governour Wentworth 
George Jaffrey ) Ellis Huske ) 

Jotharn Odiorne V Esqs. Theodore Atkinson > Esqs 

Joseph Sherburne ) Rich d Waldron ) 

His Excelency laid before the Board his Majestys mandate sig- 
nifying his Royal Will & Pleasure that Sam 1 Solly Esq r should 
[p. 7.] be sworn and admitted one of his Majesty's Council for 
this his Maj ties Province & thereupon his Excelency directed the 
Secretary & Richard Wibird, Esq to administer the several oaths 
to the s d Samuel Solly Esq. which are required by act of Parlia- 
ment by his Excelency's Instructions & by the Province Laws 
which was accordingly done & the s d Solly admitted to his place 
at the Board accordingly. 

His Excelency alsoe laid before the Board a letter signed John 
Ffawler Comander of his Maj ties ship the Deptford Storeship 
dated the 27 th March last desireing his Excellency would cause 
thirty one able bodied men fit for his Maj ties service to be rais'd to 
serve on board said ship. 

Which letter being read his Excelency desired the advice of 
his Maj ty Council what method they would advise him to take in 
procuring the s d number of men that will be most for his Maj ty * 
service & least distressing to the Trade & comerce of the Prov- 
ince which the Council desired to consider of till to morrow, and 
then the Council adjourned till tomorrow 6 o'clock after noon. 



Accordingly on Tuesday April 12 th 1743, 
The Council met again according to adjournment. 

Present — His Excelency the Governour 

George Jaflrey ) Rich* Wibird ) w 

Ellis Huske V-Esqrs ion r Esqs. 

Theod Atkinson ) q Sam' Solly | 

The above letter being read again the. Council came to the fol- 



1743.] RECORDS OF THE COUNCIL. 9$ 

lowing resolution, That bis Excelency be advised to issue out his 
"Warr* to the sheriff his Deputies & to the Constables of the respec- 
tive Towns within this Province to impress thirty one able men 
to serve on board his Majesties ship the Deptford store ship 
agreeable to the representation made to his Excelency by Capt.. 
John Ffawler Comander of s d ship — Inhabitants having families- 
& saylors belonging to laden outward bound vessels & coasters 
excepted. 



Letter from Governor Shirley relating to the foregoing matter. 
[Copied from "Belknap Papers," p. 187.] 

Boston, April 4, 1743. 
Sir. I had your Excellency's favour by Gerrish & inclose, as you desire r 
the form of my war^ for Impressing Seamen for his Majesty's service within 
the Massachusetts Governm 1 together w th a Warr 1 for preventing persons 
from escaping your Warrants by crossing the River into my Governm 1 . 
Your Excellency will find by the form inclos'd y l the Gov ls of this province 
always issue such Warr ts w th the advice of his Maj les Council w dl method I 
constantly pursue ; & that the exceptions in those warr ts are the same with 
those in the Warr 1 which I now s'end your Excellency, & y f the direction of 
those Warr ts are to the sheriff of the County where the Impress is made, his 
Deputies & the Constables; & not to the Comander of his Maj tvs ship, for the 
service of w ch they are granted; tho' it is the best method (& what I pursue) 
to have an officer or two of the ship & a convenient number of the seamen to 
assist the civil officer in Executing the Warr 1 , & see y f he does not let any of 
the Impress' d men buy themselves off. I must apprize your Excellency now 
of the differencebetween our two governing in respect to Impress Warr ts . I 
am forbid expressly by the Royal charter of K. William & Q. Mary granted to 
this Province to transport any Inhabitant of the Province out of it without 
the consent of the General Assembly, w ch is the reason of that exception in 
my warrant as to Inhabitants of this Province : But that is not your case, 
so that such an exception in your warrant is discretionary as to yourself, for 
your Province, has no charter to tye your hands: and as this Province very 
much depends upon coasting vessels & Fishermen for its provisions, y l I have 
found the Impressing of seamen out of them to be of pernicious consequence 
to it. The Gov of this Province always excepts such out of his Warr 1 & also 
seamen belonging to outward bound vessels laden & ready to sail, except 
upon extraordinary emergencies. The seamen, when Impress'd by my Warr' 
are to be deliver' d to your order, which will answer the same End as if ex- 
press' d to be deliver' d to Capt Ffawler directly to whom you may give an 
order to receive 'em & put 'em on board. The Council would not advise to a 
larger warr' or in another shape ; otherwise you should have had it more at 
large : I hope this may answer your purpose : But the application comes to 
me at an unlucky time; for I have very lately issu'd Warr 1 * for Impressing 80 
men for the Province galley, & expect daily to issue another for a large num- 
ber of seamen for his Maj 1 ^ service on board the Astra Capt. Swanton in 
Boston harbour. The Warr 1 1 now send you met theiefore w th some oppo- 
sition at the Board, and I am oblig'd at the instance of the gentlemen of the 
Council to mention to your Excellency y l they expect your Governm* should 
be at all charges for the Execution of my Warrant, w ch I should not otherwise, 
as it is likely to be but a trifle, have thought of. 

I As I shall be oblig'd for want of time to refer Capt. Ffawler to this letter, I 
Jbeg your Excellency would let him peruse it <fc am with great sincerity & 
Respect, 

Sir, your Excy's most obedient 

Humble servant 

W. Shirley. 



94 PROVINCE OF NEW-HAMPSHIRE. [1743. 

Province of New Hampshire. 

At a Council holden at Portsmouth April 23 d , 1743, 

[p. 8.] Present — His Excellency Governour Wentworth. 

Jotham Odiorne ) m, -, .,, • -, 

T i c , -i r -c, 1 neodore Atkinson ) ^ 

S" } %! Rich'Wibird | Es< l 

His Excelency laid a Letter before the Council from Admiral 
Vernon dated the 15 th of August 1742 directed to Governour 
Shirley & alsoe Governour Shirley's Letter incloseing a copy of 
the s d letter from the Admiral to his Excelency Governour Went- 
worth wherein the s d Letter from Admiral Vernon is supposed to 
be intended for his Excelency Gov r Wentworth, and also in- 
formed the Council what steps he had taken in order to furnish 
the Deptford storeship with men & laid before the Board a sec- 
ond letter from Capt. John Ffawler Comander of the s d ship & 
then desired of the Council their advice what steps he should 
take further in order to the maning the s d ship. 

Upon which his Maj tys Council after deliberation came to the 
following resolve, viz. 

That inasmuch as they had on the twelfth Inst, advised his Ex- 
celency to grant his Warrant for Impressing thirty one men, the 
number desired to be raised, &c. which hitherto proves ineffectual 
for procuring the whole number required, wherefore resolved That 
his Excelency be desired to keep the s d Warrants Extant & that 
Capt. Ffawler may be notified thereof, the Council imagining 
that in a few days this method may supply him with his comple- 
ment or that it may be made up out of Vessels inward bound. 



Province of New Hampshire 
At a Council holden at Portsmouth August 29 th 1743. 

Present — His Excelency B. Wentworth, Esq. Governour 
Geo Jaffi-ey 1 Ellis Huske ) 

Jotham Odiorne ' Theodore Atkinson - Esqs. 

Henry Sherburne f Rich* Wibird, \ 



Joseph Sherburne 

His Excelency laid before the Board his Maj tys royal approba- 
tion of the Act of this Province for emitting the sum of twenty- 
five thousand Pound upon Loan. 

And then it was put to the Council weither James Clarkson, 
[p. 9.] Esq. should be employed in gooing to Boston tq agree with 
a proper person to come into this Province by the 20 th of Septem- 
ber next & imprint the s d Bills & to purchase paper & other ma- 
terials sufficient to carry the s d work into Execution — and alsoe 
weither his Excelency should be desired to grant his Warrant on 
the Treasury payable to the s d Clarkson for the sum of fifty six 



1743.] KECOKDS OF THE COUNCIL. 95 

pounds nine shillings and six pence out of the money put into the 
Treasury for the Payment of the £4720 last emitted to which his 
Maj tys Council did advise & consent. 

Alsoe his Excelency proposed to the Council the issuing a 
Proclamation for a Publick Thanksgiving thro' out this Province 
on account of his Maj tys Preservation & the success of his arms at 
Detingen (1) — to which the Council did advise & consent. 



! Prov. N. Hamp r At a Council holden at Portsmouth the 10 th of 
October 1743. 
Present — His Excelency Benning Wentworth, Esq. Gov r . 

George Jaffrey 1 Richard Wibird ) 

Henry bherburne I -n, c 1 u vi. ( t? 

^n- Vr i r Esqs. bamuel omitJi )-Esqs. 

Ellis Huske I T , ^ • ( * 

rpi n A ,i- John Downing ) 

Iheod. Atkinson J & J 

An Indian called Coaus by Mr. Millar an Interpreter desire- 
ing to speak to the Governour & Council and said that he was 
■ desired by the Indians to acquaint his Excelency that they were 
very desirous of having a Truk house placed near the river Pein- 
igewasset where they might have such supply 8 as was necessary 
for their furrs that they might not be imposed upon as they often 
were when they came into the lower Towns & that they tho't it 
reasonable to have some satisfaction for the Lands if the English 
settled it they never haveing had any as yet. 

His Excelency asked them if for the present orders should be 
given to some suitable person at Canterbury to supply them it 
would answer their end. To which he answered it would do 
very well. 

His Excelency told him he should meet the Assembly in No- 
vember [p. 10.] when he would recomend it to them to furnish 
them with what the} r wanted and asked what things would be 
most suitable — he — He arfswered Powder shot, Bullets, flints, 
I knives, blankets, shirts, cloath for stockings, pipes, tobacco, rum — 
With regard to what he said about the Lands his Excelency 
U told them that his Majesty the King of England claimed the 
i Lands and had put them under his Government and that he could 
| by no means have any thing to say to them by way of purchase 
but would some time next Sumer have an interview with them if 
they tho't proper and would see that they had justice done them. 
I To which Coaus said it was what pleased him very much. 

The Governour asked him how many Indians there were. He 
said there were but three or four that claimed the Lands at Pemi- 
gewasset. 

(1) Betting en, a town in South Germany, where in June, 1743, the allied British and 
• i Austrian army under George II. gained a victory over the French under Marshal No- 
ailles.— Ed. 



96 PROVINCE OF NEW-HAMPSHIRE. [1743. 

The Governour asked him where they would choose to meet. — 
Indian — In this town is as good a place as any. Governour — 
How many will come down — Indian — About fifteen. Gov r . 
What time of the year — Indian — In the Spring when the snow 
is gone, & if the Governour will send us word to Canterbury we 
will give notice to the rest of the Indians & will come at your 
Excelencys Time. 

Mr. Smith & Mr. Jennis as a Comittee for imprinting the 
£25000 Loan took the oath for the faithful discharge of the said 
Trust agreeable to the Act. 

Mr. Johnson and the men imployed in engraveing & stamping 
the same took an oath alsoe faithfully to perform the same. 

Mr. Smith desired he might have an order from the Governour 
& Council for the Plates & chests in which they are now lockt up 
in — on the Treasury. 

Upon which his Excelency asked the advice of the Council 
weither he should grant an order on the Treasurer for the s d 
Plates to be delivered up to the Comittee afores d . To which the 
Council do advise & consent. 

His Excelency asked the advice of the Council weither he 
should issue a Proclamation for a Publick Thanksgiving, it being 
customary to have one about this season. 

To which the Council did advise & Consent. 



[p. 11.] Prov. N. Hamp r 

At a Council holden at Portsmouth on Wednesday the 12 th of 
October, 1743. 

Present [as above, except Samuel Solly Esq. in place of John 
Downing, Esq.] 
His Excelency laid before the Board a letter he rec'd from the 
Lords Justices dated Whitehall August the 15 th 1743 signed An- 
drew Stone directing the Governour to put this Government into 
the best posture of defence possible & to be constantly upon the 
guard against any surprise from any Quarter whatever. And 
then asked the advice of the Council what method he should 
pursue in order to answer the end afores d particularly in regard to 
the supplying the Fort at the entrance of the Harbour with Pow- 
der and then asked weither the Council would advise him to 
grant his warr* on the Treasury for as much money as will pur- 
chase twelve barrels of powder — To which the Council did unan- 
imously advise & consent. 



1744.1 ' RECORDS OF THE COTSCIL. 97 

At a Council holden at Poftsm agreeable to his Excelency's 
Sumons on Tuesday, Jan y 17 th 1743 — '~^ 

Present — His Excelency the Governour 

George Jaffrey t>- i a tvi • i \ 

T ., & Ar • mch a \v ibira ) 

Jotnatn Oaiome ! -^ a -, c .., ' -.-, 

TT C1 -, - Esqs. baml. Smith >-Esqs. 

Henry Sherburne - 1 o ic n v 

rr,, -L v ,, . | bam 1 Solly ) 

Theod e At km son j - > 

His Excelency laid before the Board the Act of this Province 
of the 4 th of George Entitled an Act about Powder money, which 
being read his Excelency asked the advice of the Council weither 
he should direct the Receiver General of Powder i ■ take one 
shilling Proclamation money pr Ton on such ship & vessels as 
are mentioned in the s d act — to which his Maj tys Council did ad- 
vise & Consent. 



At a Council holden at Portsmouth by his Excelency's Sumons 
on Saturday April 7 rh 1744. • 

[p. 12.] Present his Excelency the Governour 
Jotham Odiorne 



Tbeod Atkinson ) 

Henry Sherburne ! -.^ 1:> . , d irn ■ -, [ xr 

T -, c,, -. Esqs. Rich 1 VVibird -Esq 

Joseph Sherburne { ' o i a n i 

Sam' Solley ) 



Ellis Huske J 

His Excelency laid -before the Board an Exem] lification of his 
Maj tys Warr* appointing hiro Survey* ral of his Maj tys 

Woods in North America which Exemplification was attested at 
the Treasury Chamber, White Hall, the 21 st of Feb y 1743 & 
signed Peter Lehease. . 

His Excelency alsoe ordered the Secretary to read at the Board 
an exemplify'd Copy of the report of the Comittee of his Maj tys 
most Hon bl * Privy Council of the 26 th of March 1728 relating to 
his Maj tys Woods &c. and alsoe the order of the Commissioners 
of the Treasury of the 12 th of December 1743 upon s d Report 
which was aisoe attested by — Peter Lehease. 

After which his Excelency took the oaths appointed to be 
taken instead of the oaths of allegiance & supremacy & sub- 
scribed the s d oaths & Declaration, — and alsoe took an oath duly 
and faithfully to execute the s d office & trust. 
7 



98 PROVINCE OF NEW-HAMPSHIRE. [1744. 

At a Council held at Portsm agreeable to his Excelency's 
Sumons on Saturday April 21, 1744. 

Present — His Excelency B. Wentworth, Esq. Govern our. 

JotSolome !„ S 1! f d H ^ e . - K 

Henry Sherburne \ Es 1 s - Sjf h * W ' b "" d f q 
Joseph Sherburne j Theod= Atkinson ) 

His Excelency acquainted the Council that he this day had re- 
ceived an information from the Select [men] of Portsmouth that 
a vessel whereof James Stilson was master from Sattertuga had 
bro't into this Port the Small Pox and then desired their advice 
in the affair. 

Upon which the Council did advise that the s d vessel should 
perform a Quarantine of twenty Days near the fishing Islands or 
until further orders of the Governour & Council, and that the 
Master sailores & passengers that belonged to or came in the s d 
vessell do regularly perform on board the same the s d Quarantine 
as they will answer the contrary at their Perrill. 



[p. 13.] At a Council held at Portsm by his Excelencys Sum- 
ons on Monday April the 30 th 1744. 

Present [as before — except Jotham Odiorne Esq.] 

His Excelency laid before the Council a letter from Coll. Pep- 
perrell of yesterday's date relateing to the vessel performing 
Quarantine as pr order of the 21 st inst. and then ask'd the advice 
of his Maj tys Council weither the s d vessel should be admitted to 
an Entry. The Council desired that his Excelency would not in- 
sist upon their giveing their advice till they had further enquired 
into the circumstances of the s d vessel, &c. & desired his Excel- 
ency would adjourn the Council to a short day for that end. 

Upon which his Excelency was pleased to adjourn the Council 
to Wednesday next the 2 d day of May then to meet at Portsm 
at 3 o'clock in the afternoon. 



At a Council holden at Portsm according to adjournment on 
Wednesday, May 2 d 1744 

Present — His Excelency the Governour 
George Jaffrey 1 Theodr Atkinson } 

Jotham Odiorne U Kich' Wibird Usqs. 

fz y Hur urae j S -' S ^ > 

His Excelency again asked the advice of Council relateing to 
the vessel performing Quarantine agreeable to the order of the 



1744.] RECORDS OF THE COUNCIL. 99 

21 3t of April last, and as mentioned in the minutes of the 30 th of 
s d month, to which the Council did advise That all goods capable 
of retaining the Infection such as cotton wool &c. shall immedi- 
ately be buryed under ground and remain there twenty days and 
that the Quarantine be taken off from s d vessell as soon as all 
such goods are so buried & oath made thereof before the Hon ble 
Henry Sherburne Esq. who is hereby desired to administer the 
4same. 



[p. 14.] At a Council holden at Portsm according to his Ex- 
celency's Sumons on Wednesday May the 16 th 1744. 

Present [as above, and also John Downing Esq.] 

His Excelency proposed to the Board that inasmuch as a Com- 
mittee was appointed by the General Assembly to visit the fron- 
tiers of this Province about Connecticut river and inasmuch as he 
had advice that war was declared between England and France, — 
and as the s d Committees proceeding on that affair may be at- 
tended with danger & ill consequences, His Excelency asked the 
advice of the Council weither his sending an Express to Coll. Jo- 
siah Willard one of the s d Comittee who lives near those Partes 
to make a remonstrance as soon as possible of the Scitution & 
circumstances of affairs in that Parte of the Province might not 
answer the End proposed by the General Assembly — who gave 
their advice y* the sending an Express to the said Coll. Willard 
to make such a report might answer the afores d End. 



At a Council holden at Portsmouth by his Excelencys Sumons 
on the 7 th day of June 1744 

Present 
His Excelency the Governor 
George Jaffrey ) Ellis Huske ^ 

Jotham Odiorne -Esqs. Theod r Atkinson V-Esqs. 

Henry Sherburne ) John Downing ) 

His Excelency the Governour laid before the Board a letter 
from Mr. Secretary Willard in the name & by order of the Great 
<& General Court of the Mass' 1 Bay dated the 5 th Instant acquaint- 
ing his Excelency that the Governour of New York had ap- 
pointed the twelfth Inst, to meet the six Nations of Indians at 
Albany and that Government had appointed Comissioners to be 
at s d meeting & desired of his Excelency that Comissioners might 
alsoe be appointed by this Governm 1 to agree upon such measures 
as might be tho't equal and necessary for the mutual safety and 
defence of the several Governments in New England &c. 

[p. 15.] His Excelency then asked the advice of the Council 



100 PROVINCE OF NEW-HAMPSHIRE. [1744. 

thereon — who came to the following resolve, viz. That George 
Jaffrey Esq. & Ellis Huske Esq be appointed to draw an answer 
to the said letter and if approved of by his Excelency to be 
signed by the Secretary & forwarded. 



At a Council holden at Portsin by his Excelencys Sumons on 

Tuesday the 13 th of September 1744. 

Present — His Excelency the Governour. 

George Jaffrey ) rp , -. A+1 • * 

T ,i & r\i- N I heodore Atkinson ) -^ 

Jotham Odiorne >-Esqs. . , A w .-, . -, >■ Esqs 

XT en i ( x liich d Wibird 1 

Henry Sherburne ) J 

His Excelency laid before the Board a letter from his Excelency 
G — Clinton Esq. Governour of New York dated the 3 d Instant 
inclosing sundry Depositions taken before the Governour & Coun- 
cil at New York acquainting that sundry French men of War 
were at sea & near Louisbourg — and alsoe giving an account of 
three nations of Indians having engaged to take up the Hatchet 
with the Governour of Canada ag st the enemies of the French 
king — & hereupon his Excelency asked the advice of Council 
what measures they would advise him to take at this juncture. 

To which the Council did advise that his Excelency put the 
Province in the best Posture of Defence that its present circum- 
stances will admit of his Excelency being well acquainted with 
what is necessary & possible at this time to be done — that they 
tho't it needless to recomend any thing in particular except am 
augmentation of fifteen men at Fort William & Mary which they 
think necessary & accordingly offer their advice to that his Ex- 
celency post the s d men there & give his orders on the Treasury 
for their subsistance. 



At a Council holden at Portsm by his Excelency's Sumons Oc- 
tober the 1 1744 being Monday. 

Present 
The Hon ble George Jaffrey ) Joseph Sherburne ) 

Jotham Odiorne VEsqs. Theod Atkinson ( >-Esqs. 
Henry Sherburne ) Sam 1 Solly ) 

A Petition of Andrew Gillman, Nicho. Dudley & Humphrey 
[p. 16.] Willson in behalf of themselves & sundry other Inhabi- 
tants of Brentwood dated the 26 th of May 1744 praying for a 
charter of Incorporation &c. was read at the Board & the purport 
thereof considered. The Question was put weither the Council 
would advise his Excelency to grant the s d Petitioners a Charter 
of Incorporation and it passed in the affirmative 



1745.] RECORDS OF THE COUNCIL. 101 

At a Council holden at Portsm according to his Excelency's 
Sumons on the 22 d day of Feb^ 1744— f 

Present — His Excelency the Governour 
George JeiFrey ) Ellis Huske ) 

Jotham Odiorne >-Esqs. Theod r Atkinson >Esqs. 

Henry Sherburne ) Sam 1 Solly ) 

The Comittee appointed by the General Assembly for procur- 
ing provisions & other necessarys for the Expedition ag st Lewis- 
bourg made a representation to the Board that they had rec d a 
letter from Mr. Wibird one of the s d Comittee at Boston acquaint- 
ing them that he could no[t] purchase Pork at Boston — the Gov- 
ernment of the Mass a hav s engaged & impressed all in those 
Partes they further informed the Council that they imagined there 
Iwas provision enough in this Province to sell but that the persons 
[who had it would not sell Pork under 18 d per pound — upon 
which the Council came to the following resolution unanimously 
to advise his Excelency to issue Warrants for impressing such & 
so much Pork as shall be necessary for the present Emergency 
from those Persons that have any to spare more than what is 
necessary for the use of their respective families. 



[p. 21 (1).] At a Council holden at Portsmouth by his Excel- 
ency s order May 2 d 1745 

Present — His Excelency the Governour 

George Jaffrey } Ellis Huske ^ 

Jotham Odiorne >• Esqs. Theo. Atkinson > Esqs. 

Henry Sherburne ) John Downing ) 

Upon reading the Petition of Joseph Bartlett & others inhabi- 
tants of Almsbury District praying to be encorporated into a 
Parish by metes & bounds set forth in the said Petition resolv'd 
That Coll. Joshua Wingate Maj r Ebenezer Stevens &Mr. Meshech 
Weare be appointed a Comittee to goe and view the lauds & set- 
tlements mentioned in the s d Petition & to take with them the 
iiPetition and vote of the Town of South Hampton alsoe to notify 
the Select men of South Hampton seven days before the time of 
(their meeting on the spot & any other Towns or Parishes adjoyn- 
ing that they may if they see cause attend them in their survey — 
This to be done at the charge of the Petitioners And by the last 
[day of this Instant May to make return e into the Secretary's of- 
»|fice of what you shall (after the survey & enquiry) think conven- 
ient [p. 22.] to be done for the benefit & convenience of the Pe- 
titioners & other Inhabitants thereabouts. 

0)This and the following entry are, by error, on pages 21 and 22 of the copy. They 
|3hould have been on pages 16 and 17.— Ed. 



102 PROVINCE OF NEW-HAMPSHIRE. [1745. 

At a Council holden at Portsmouth by his Excelencys Sumons 
on Thursday May the 9 th 1745. 

Present — His Excelency the Governour 
George Jaffrey ) Ellis Huske ) 

Jotham Odiorne > Esqs. Th. Atkinson > Esqs. 

Henry Sherburne ) John Downing ) 

His Excelency acquainted his Maj tys Council that he had in 
faithfulness to his Majesty and out of a tender regard to the Inhab- 
itants of this Province, that a very valuable parte of it might not 
be given away — Dissolved the late Assembly & that he tho't his 
Maj tys service as well as the safety of the Province required th& 
calling a new assembly as soon as might be and thereupon asked 
the advice of the Council. 

To which they did unanimously consent and advise. 



At a Council holden at Portsmouth according to his Excelencys 
Sumons on the 22 d day of May 1745 

Present — His Excelency the Governour 
The Hon ble George Jaffrey ) Ellis Huske ) 

Jotham Odiorne >Esqs. Theod r Atkinson >Esqs. 
Henry Sherburne ) Rich d Wibird ) 

[p. 17.] His Excelency laid before the Board a letter from 
Governour Shirley dated the 18 th Inst inclosing a copy of a letter 
from Lieut. General Pepperrell dated at the Camp before Lew- 
isbourg giveing an acct of the success & scituation of the 
forces there — which were read at the Board & his Excelencys 
asked the Council weither they tho't of any measures to be fur- 
ther taken for the service of the said Expedition — To which the 
Council answered that they would cheerfully give their advice & 
assistance to the utmost of their Power but at present could not 
think of any thing that would forward the Expedition 



At a Council holden at Portsmouth according to his Excelencys 
Sumons on Tuesday the 4 th of June 1745 

Present — His Excelency the Governour 
The Hon ble George Jaffrey ) ™ Theod r Atkinson ) ™ 

Henry Sherburne } m< &' Rich d Wibird } ^ SqS * 

His Excelency laid before the Board some Paragraphs of a let- 
ter from Comodore Warren from on board the Superb off Lewis- 
bourg harbour dated the 22 d of May last desireing a number of 
sailors might be impress'd or inlisted to man a sixty four gun 
ship lately taken by the s d Comodore from the French — Upon 



1745.] RECORDS OF THE COUNCIL. 103 

which his Excelency desired the advice of the Council weither 
they would advise to the issuing a Proclamation for inlisting a 
number of men to be sent to Lewisbourg to serve under the Com- 
odore according to his letters abovementioned — Upon which a 
(Proclamation was prepared and read at the Board & the Council 
then present did advise & consent to the same being made publick 



At a Council holden at Portsrn by his Excelency's Sumons on 
Monday June the 17 th 1745. 

Present — His Excelency the Governour 
The Hon ble George Jaffrey ~) Theod r Atkinson | 

Jotham Odiorne V-Esqs. Rich d Wibird >-Esqs. 

Henry Sherburne ) Sam 1 Solly ) 

His Excelency laid before the Council a letter from Governour 
Shirley dated the 15 th Inst relateing to the affairs of the army 
before Lewisbourg — And then his Excelency asked the advice of 
the Council weither he should issue a Proclamation agreeable to 
[p. 18.] a vote of the General Assembly for the encouragement of 
V oluntiers to be sent to Lewisbourg as a re-inforcement to our 
Regiment there, to which the Council did unanimously advise & 
consent. 



At a Council holden at Portsrn according to his Excelencys 
Sumons on Tuesday July 9 th 1745. 

Present — His Excelency the Governour 
Jotham Odiorne ) Rich d Wibird 

Henry Sherburne >• Esqs. Sam 1 Smith y Esqs. 



Theodore Atkinson ) John Downing 

His Excelency laid before the Board the necessity as he appre- 
hended of purchasing all the Powder to be found in the Province 
& sending it imediately to Lewisbourg leaving no more than what 
was absolutely necessary for the defence & security of this place — 
and hereupon asked the advice of the Council what method they 
! would advise him to in procuring what may now be in the 
Province. 

And it appearing to the Board that the s d City of Lewisbourg 
may possibly be in great want of Powder in case of any attack 
being made by the enemy 

Resolved unanimously 
That his Excelency be desired to recomend it to the several 
! Comittees appointed by the General Assembly for procureing am- 
unition & Provisions for the Expedition ag 8 ' Lewisbourg that 



104 PROVINCE OF NEW-HAMPSHIRE. [1745. 

they imediately enquire after & procure such Quantities (if to be 
got) as may be tho't necessary to answer this occasion. 

His Excelency laid alsoe before the Board the circumstances of 
the Powder now in the Magazine was under & the Quantity there 
and then asked the advice of the Council weither he should send 
any of the s d Powder to Lewisbourg — to which the Council did 
advise that his Excelency should send fifty barrels. 

His Excelency laid before the Board a paragraph of a letter 
from Comodore Warren informing him that he wanted two setts 
of Masts one for the Vigilant a 64 gun ship and a set for a forty 
gun ship — and then asked the advice of the Council weither he 
[p. 19.] should grant a Wan** to impress the s cl Masts — To which 
the Council did advise in case they could not be procured 
otherways 



At a Council holden at Portsm according to his Excelencys 
Sumons on the 8 th day of August 1745 

Present — His Excelency the Governour 
The Hon blc George Jaffrev ) v Theod. Atkinson ) -p, 

Jotham Odiorne £ ^ 8qs ' R. Wibird j ^ SqS ' 

His Excelency laid before the Board a letter from Jn. Corbet to 
the several Govern ours of his Majesty's Plantations of the 19 th of 
August, 1743 with the Attorney & Sollicitors oppinion relateing 
to the American Act about Seamen &c. & then his Excelency ac- 
quainted the Board that Capt Ffarish Comander of his Maj tys ship 
Bien Ame desired his Warrant for impressing a number of men 
to serve his Majesty on board s d ship and then desired the advice 
of the Council weither he should grant his Warrant accord- 
ingly — to which the Council gave the following advice, viz. That 
his Excelency grant his Wan** for impressing such a number as 
his Excelency tho't tit for mailing s cl ship when loaded & near 
sailing. 



[p. 19.] At a Council holden at Portsm according to his Ex- 
celencys sumons on Fryday August the 23 d 1745. 

Present 
His Excelency the Governour 
The Hon ble George Jaffrev ) Theo. Atkinson } 

. Jotham Odiorne >■ Esqs. Rich d Wibird >- Esqs. 
Henry Sherburne ) Sam 1 Solly ) 

His Excelency laid before the Board a letter from Lt Govern- 
our Phipps dated the 19 th of August Inst, incloseing three letters, 
viz one from Gov. Shirley to the Sachems & other Indians of the 
Penobscot & Noridgwock tribes dated July the 12 th 1745 & one 



1745.] RECORDS OF THE COUNCIL. 105 

other to Capt. Jabez Bradbury dated the 22 d July 1745 & one 
other from s fl Bradbury to Gov r Shirley dated July' 29 th 1745 all 
which are in relation to the Indian affairs there. 

The above mentioned letters being read the Governour asked 
the advise of the Council what answer he should give to Leu* 
Gov 1 ' Phips his letters — to which the Council did advise that his 
[p. 20.] Excelency should write Gov r Phips that in all reasona- 
ble measures taken against the Indians wherein this Government 
should be previously consulted & advised with, they will always 
bear a suitable parte & Proportion. 



At a Council hoklen at Portsm August 26 th 1745, by Sumons 

from his Excelency the Governour. 

Present — His Excelency the Governour 

The Hon bl George Jaffrey ) T1 i x . i • , 

t +i> r\i- ( x? Ineodore Atkinson ) -c, 

Jotnam Odiorne -Esqs. -r>. , ., m-i • -i > Esqs 

XT qi -. i x Riclr Vv ibird i ^ 

Henry Slier burn ) 

His Excelency laid before the Board a letter from Lieu* Gov- 
ernour Phips dated Boston August 26 1745 informing his Excel- 
ency of his having declared War against the Eastern & Canada 
Indians & alsoe incloseing his Declaration of War &c. His Ex- 
celency then asked the advice of the Council weither he should 
publish a Declaration of war ag st sundry Tribes of Indians as 
mentioned in a Declaration then exhibited — which being read 
the Council did unanimously advise the publication thereof. 



At a Council holden at Portsm by his Excel en cys sumons on 
Thursday December 26 th 1745. 

Present — His Excelency the Governour 
The Hon ble George Jaffrey ) ™ Theod. Atkinson > ™ 

Jotham Odiorne ] JJiSC * S ' Sam 1 Solly ] ^ Sqs ' 

Capt. John Clark, Messrs Thos. Slayton & John Brown mar- 
iners being sumoned were examined upon oath relating to the 
cargoe on board the Sloop Cape a Flag of truce from Cape 
Franceway Capt. Brond master & signed the same. 

The Petition of sundry persons of Almsbury District with the 
report of the Comittee thereon relateing to the setting off of a 
Parish being read at the request of the Petitioners. 

Ordered that the Town of South Hampton by the Selectmen 
be served with the copy of the s d Report and be notify ed to ap- 
pear the 15 th of Jan y next to shew cause if any they have why 
the said persons may not be incorporated according to the s d re- 
port. 



106 PROVINCE OF NEW-HAMPSHIRE. [1746. 

[p. 21.] At a Council holden according to his Excel en cys Sum- 
ons on Wednesday Jan y 15 th 1745 — 6 

Present — his Excelency the Govern our 
The Hon ble George Jaffery ) ^. , d w ., . A , 

£S [*"■ S5 ™ f Esqs - 

Agreeable to the order of Council of the 26 th of December last 
the Petitioners of Almsbury District and the selectmen of South 
Hampton appeared & both Parties were heard upon the Petition 
& return of the Comittee appointed to view & make report &c. 
and after both parties were heard thereon his Excelency asked 
the advice of the Council weither he should grant a Charter of 
Incorporation agreeable to the s d report. 

And the Council takeing the same under consideration came to 
the following Resolve — viz. They do not think it advisable at 
present in as much as such a grant would be an Infraction upon 
& much incommode the Town of South Hampton. 



[p. 22.] At a Council holden at Portsmouth by his Excellencys 
order on Tuesday, Feb y 18 th 1745— .A 

Present his Excelency the Governour. 
George Jaffrey ~) Theod. Atkinson } 

Jotham Odiorne > Esqs. Sam 1 Smith >■ Esqs. 

Henry Sherburne ) Sam 1 Solley ) 

His Excelency filed in the Council office his Majesties Manda- 
mus dated the 17 of April 1745 signifying his royal Will & 
Pleasure that Sampson SheafFe Esqr. should be immediately ad- 
mitted and sworne to be one of his Maj tys Council for this Prov- 
ince, & then desired Messrs Atkinson & Smith to administer to 
the s d Sheafe the oaths appointed to be taken instead of the oaths 
of allegiance & supremacy & alsoe the oath of a Councillor which 
was accordingly done & the s d Sheaffe took his place at the Board 
accordingly. 



At a Council holden at Portsm by his Excelencys sumons on 

Thursday March 13 th 1745— 6 

Present — his Excellency the Governour 

r oq -i "n t .«• ^ Theod. Atkinson 

[p. 23.] George Jaffrey ) £ John Downi 

Henry Sherburne / 4 gaml goUey 8 

His Excelency asked the advice of the Council weither he 
should Issue his Proclamation for a general Fast thro' out this 



1746. J RECOEDS OF THE COUNCIL. 107 

Province to be observed on Fryday the 28 th of this Inst. March 
on ace* of the Seed time The Rebellion in Scotland & success 
ag 6t the Rebels &o. to which they did unanimously consent & 
advise. 



At a Council holden at Portsm by his Excelencys Sumons on 
Monday April 21 1746. 

Present His Excelency the Govern our. 
George JafFrey ) Theod. Atkinson ^ 

Jotham Odiorne -Esqs. Rich d Wibird V-Esqs. 

Henry Sherburne ) Sam 1 Solly ) 

His Excelency read at the Board a letter from' Coll. Moore at 
Cape Breton relating to the sending a vessel to bring home such 
of the forces as are there in the Pay of this Province & then 
asked the advice of the Council weither he should take up the 
Sloop Abigail lately arrived from thence & send her down upon 
the s d service. Upon which the Council gave their advice that it 
was highly requisite that the s d vessell should imediately goe 
down and that his Excelency be desired to direct the Comittee of 
War to get her ready with all convenient dispatch. 

His Excelency acquainted the Council that he last night rec d ad- 
vice that a Party of Indians had made a descent upon a family 
near Casco Bay (1) & had kilPd four persons & captivated one 
& desired the Council's advice what method he should take to 
secure the inland frontiers — to which they did advise to the in- 
listing or impressing 20 men ten to be placed at Canterbury & 
ten at Rochester. 



At a Council holden at Portsm by his Excelencys Sumons on 
Thursday April 24 1746. 

Present his Excelency the Governour 
George JafFrey ^ Theodore Atkinson "> 

[p. 24.] Jotham Odiorne V- Esqs Rich d Wibird V- Esqs 

Henry Sherburne ) Sam 1 Solly ) 

His Excelency acquainted the Council that he had rec d an Ex- 
press giveing an ace* of the Indians falling upon two families at a 
place called Hopkinton (2) & has captivated eight persons & then 
asked the advice of the Council what step he should take. 

(1) In the margin is a note by the late John Parmer, Esq. :— " Probably a mistake."— Ed. 

(2) Abont this time a party of Indians came down to New Hopkinton, [seven miles west 
of Concord] where they entered a garrisoned house and found the people asleep, the door 
having been left open by one who had risen early and gone out to hunt. Eight persons 
were thus taken. The names of the captured were Samuel Burbank, his sons Caleb and 
Jonathan, David Woodwell, his wife and sons Benjamin and Thomas, and daughter Mary. 
Jonathan Burbank, after his redemption, became an officer, and was killed by the Indiana 
m the French war, being supposed by them to have been Major Rogers, their avowed 



108 PROVINCE OF NEW-HAMPSHIRE. [1746. 

Upon which the Council unanimously gave it as their opinion 
that his Excelency should cause to be inlisted or impressed 50 
men to march imediately to Pemidgwasset & the Pond &c. for 
fourteen days. 



At a Council holden at Portsm by his Excelencys sumons on 
Thursday May 29 th 1746 

Present — his Excellency the Governour 
George Jaifrey ^ Theodore Atkinson ) 

Jotham Odiorne y Esqs. Rich d Wibird V Esqs 

Henry Sherburne ) Sam 1 Smith ) 

His Excelency proposed to the Council the following Query — 
If it should be his Maj trs Pleasure to order eight or ten thousand- 
of his regular troops with a sufficient naval force to convoy the 
s d troops to be imployed for the reduction of Quebec and the 
French settlements on the river St. Lawrence with Montreal and 
the garrisons on the Great Lake, how many Troops do you advise 
this Province may be capable of furnishing to be imployed in 
the service, both men & officers to be in the Kings Pay & to be 
discharged when the service is ended. 

To which the Council gave their oppinion that considering the 
present circumstances of the Govern m* live hundred men is as 
many as cltn be raised by this Government for such an Expedition. 



At a Council holden at Portsm by his Excellencys Sumons on 
Tuesday September the 23 d 1746 

[Present] 
George Jaifrey | -™ ^ Jotham Odiorne > -p, 

Henry Sherburne j 8( ^ s Theod. Atkinson f ^ 

His Excelency comunicated to the Council several evidences 
taken relating to a French fleet being now on the coast and asked 
[p. 2-5.] their advice what steps they tho't proper for him to take : 
Upon which the Council advised the following particulars, viz. 

That the men inlisted for the Canada Expedition be forthwith 
posted at New Castle — That Mr. Commissary Penhallow receive 
from the Comitee of War for s d Expedition Provisions for the s d 
men & deliver them an allowance according to the Establish- 
ment — That his Excelency be desired to open a ditch in some 
convenient place cross fort point if practicable. 

enemy. Mary Woodwell, after a detention of six months among the French at Montreal, 
returned to Albany, and soon after to Hopkinton, Mass., her native place. She was twice 
married, and died a widow among the Shakers at Canterbury, N. H., October, 182!), in the 
one hundredth year of her age. Samuel Burbank and the wife of David Woodwell died in 
captivit y . Woodwell and three of the children returned in a flag of truce to Boston. [See 
Farm. Belk.,p. 289.]— Ed. 



1746.] RECORDS OF THE COUNCIL. 109 

A French Fleet on the Coast. 
[Copied from MS. Corr. in Secretary's office, Vol. I, pp. 279-285.] 

Boston, Septenr 13, 1740. 
John Champion declares that lie was Pilot on board the Sloop Molly whereof 
Hugh Thornton is master coming from Trepasse in Newfoundland bound for 
Piscataqua & that on the Second of *this Instant September on their Passage 
about half an Hour after five o clock in the afternoon about ten Leagues to 
the Southward & ten Leagues to the westward of the Isle Sable by his judg- 
ment & reckoning, he saw Thirty one sail of vessels under sail standing to 
the Northward, the wind then being at last North east having their Starboard 
tacks on board & many of the vessels he took to lie large Ships, the two 
sternmost of them he is certain were ships & was between four & five miles 
distance of them according to his best Judgment. 

John Champion. 

Suffolk, SS. Boston Septem b 13, 1776, Mr. John Champion made oath to 
the above Declaration — signed by him before me 

Jacob Wendell, Just. Peace 
T Copy Examined by J. Willard, Sec y . 



William Stanwood of Glocester mariner & master of the Schooner Mollys 
of Glocester, declareth & saith that upon Tuesday the 9 ;i! oi Septf at about 9 
oclock at night, being upon the Western bank oi the [sle of Sables about 20 
Leagues distant from the said Isle Westerly & lying to under his foresail he 
came athwart a large Ship w ch he supposes to be a man of War of about 70 
guns, & before he discovered her he almost came athwart her yards, where- 
upon the Declarant called to the men on Board the said Ship to bear away & 
told them if they did not they would run him down, & then they bore away 
a little, some of the men on Board said ship called to him in broken English, 
saying, Strike you Dog, at which time he heard the People on Board Speak to 
one another in a Language which he did not understand & he was sure it was 
not English, he being near enough to Distinguish, whereupon the Declarant 
imediately Sprung his Luff & then they fired upon him (as he supposed from 
a swivel gun) But making all his sail he got clear of said Ship, after which 
he saw a great number of Topsail vessels with Lights all standing to the 
northward under an easy sail, which Lights he endeavoured to count & 
judges the number of them to be about Twenty five, one ship he saw with a 
light in her main-top — and further saith, that about a Quarter of an Hour- 
after he saw the first Ship he was in Company with a Schooner belonging to 
Glocester who lay upon the same course with him & being about three quar- 
ters of a mile to Seaward — the Declarant supposes she fell in to the midst of 
the Fleet & was taken by them, he having not seen her since. 

William Stanwood. 

Sworne before his Excellency the Governour & Council the fifteenth of 
September 1746. 

Attest, J Willard, Sec>'. 

Copy Examinhl by J. Willard Sec>\ 



Capt Lawrence Payne arrived here this Evening in a Flag of Truce twenty 
days passage Deposeth that he was at Cape Francois one of the ports at His- 
paniola, after he was ready to sail he was detained six weeks occasioned by 
the expectation of a Fleet of Ships from France w eh arrived there some time 



110 PROVINCE OF NEW-HAMPSHIRE. [1746. 

before he sail'd — after their arrival four French men of War who convoyed 
them sail'd for the Northward four days before his departure to join the Brest 
Fleet & others from Rochford w ch sail'd from those ports the 20 th of June 
last — the aforesaid Fleet consisted of Eighteen sail of men of Warr & forty 
large Transport Ships with a large Number of Land forces & warlike Stores 
Design' d for Cape Breton & if the season of the year proves too late then 
their Design is for Boston. 

Also before he sail'd about twenty Days a Ship arrived with a Packet or 
Express from the Fleet to the Governour of that Place to give Notice of their 
Design. 

Lawrence Payn. 

Newport, September 19 th 1746 

P. S. The said Fleet being about half way on their passage when the Ship 
left 'em w ch was ab* the last of July. 

Colony of Rhode Island 
Sept. 19 th 1746. 

Capt Lawrence Payne appear' d before me and made solemn Declaration of 
the truth aforesaid. 

Jos. Whipple, Dep. Gov r . 
Copy Examined , 

W. Shirley. 



Joshua Haskell of Glocester master of the Schooner Happy Return, de- 
clares & says that on Wednesday the 10 th of September instant at about 4 
o'clock in the afternoon being between Margaret's Bay and Le'Have on the 
Cape Sable Shoar, I discovered about 30 sail of Topsail Vessels at about 6 or 
7 miles Distance from us, and about 10 Leagues to the Westward of Jebucto, 
standing in with the Land close hal'd by the wind, which was then at about 
East North East. Two of the ships were the largest that I ever saw. I could 
not perceive any Colours on board any of them. The sternmost Ship gave us 
chace under our Lee for about an hour, but at Sunset we saw her standing to 
the Fleet again. 

And he farther saith that on Tuesday the 16 th Instant being then about 45 
Leagues to the Eastward of Cape Ann he saw a ship (of about 40 or 50 guns 
as he judges) with a Flag at her main top-mast Head standing towards Cape 
Sables, the wind then at about East. 

Joshua Haskell. 

Suffolk SS. 

Boston September 19 th 1746, Mr. Joshua Haskell made oath to the Truth of 
the above Declaration syned by him 

Before me Jacob Wendell Just. Peace. 

Copy Examined 

W. Shirley. 



At a Council holden at Portsm by his Excelencys Sumons on 
Thursday the 9 th of October 1746 

Present — His Excelency the Governour 
George Jaffrey ) ™ Henry Sherburne ) ™ 

Jr>tW™ CMi™-™ ( -^SqS. Tb^nrl AtViTie™ C -^ fe0 i S - 



son 



His Excelency proposed to the Council the appointing Thurs- 
day the 16 th inst. as a day of Publick Ffasting & Prayer thro'out 
this Governm' on ace* of the French Fleet now upon or near our 









1747.] RECORDS OF THE COUNCIL. Ill 

Coast — the shortness of our harvest of corn &c. agreeable to the 
request of the House of Representatives — To which the Coun- 
cil did advise & consent. 



At a Council holden at Portsra by his Excelencvs Sumons on 
Thursday October 16 th 1746. 

Present — His Excel ency the Govern our. 

Ge° r ge Jaffi-ey ) Theod. Atkinson f _ 

Jotham Odiorne VEsqs. gam i SoU [Esqs. 

Henry Sherburne ) J ' 

[p. 26.] His Exeelency laid before the Board a letter from 
Governour Shirley & Admiral Warren dated the 14 th inst. relate- 
ing to the sending a reinforcement to the Garrison of Annapolis 
royal now besieged by the French &c. & then asked the Council 
weither they would advise him to send any of the Troops raised 
for the Canada Expedition to the assistance of the s d Garrison 
To which the Council did advise that his Exeelency and as many 
men for that service as can conveniently be accommodated on 
board the Sloop Warren & Brigantien St. Clair and that provi- 
sion & other stores be supplyed out of the Funds for the Canada 
Expedition and that a suitable number of sailors be inlisted for 
maning s d vessels. 



At a Council holden at Portsm by his Excelencys Sumons on 
ffriday March the 6 th 1746-7. 

Present — -His Exeelency the Governour 

n T rv. k Theod. Atkinson ) 

George Janrey } ^ D . , d nr , . , f ■„ 

Ellis We | Es, l s - Rich ' Witard U sqs . 

J oam 1 bmith ) 

His Exeelency laid before the Board a letter from his Exeelency 
Governour Shirley dated Boston the 4 th inst. giving an acct of 
the disaster that befel the Mass 11 forces sent to Nova Scotia for 
driveing the enemy from thence &c. and desireing his Exeelency 
would joyn in sending a strong reinforcement to Annapolis for 
the afores d end. 

And alsoe an extract of a letter from Governour Mascareen 
dated Annapolis royal Feb y 8 th 1746-7 to Governour Shirley in re- 
lation to the s d affair. 

And alsoe an extract of a letter from Lt. Coll. Gorain from An- 
napolis [p. 27.] of the s d 8 th ffeb y to Governour Shirley on the 
same head. 

And alsoe the advice of the Massachusetts Council to Gover- 
nour Shirley at a meeting held at Boston the 27 th of Feb y last ad- 
vising him to send the above state of affairs to the Governours of 
the neighboring Governments & to desire in the most pressing 



112 PROVINCE OF NEW-HAMPSHIRE. [1747. 

manner imediately to prepare and transport a number of troops 
to Nova Scotia with armed vessells &c. 

Which being read his Excelency desired the advice of the Coun- 
cil in the Premises The Council takeing the same under consider- 
ation — and in as much as a reasonable Quota of Troops for this 
Government may be imbarked and transported to Nova Scotia 
sooner than the Quotas from the other Governments and can be 
of no service till joyned by them therefore advise that his Excel- 
lency sumon the General Assembly as soon as conveniently may 
be in order to conferr with them in the premises and that in the 
mean time his Excelency be desired to give the necessary orders 
for sloping any vessell now in port proper for transporting s d 
troops till this affair be fully concluded upon. 



At a Council holden at Portsm by his Excelencys Sumons 
Monday June 1, 1747. 

Present — his Excelency the Govern our. 

/-< ^ n -r a> n Theod Atkinson 

George J afirey „. , d w .,. -, 

T ,i & ,. J men' 1 vVibird 

Jothain Odiorne v „ , Q .,, -^ 

Hqi i > Jisqs. bam 1 Smith V Jisqs 

enry Sherburne | H T , -^ ( 

i,Mr,V-L A John Downing 

hi 1 ilS liliske ion & 

Sam 1 Solley 

[p. 28.] His Excelency acquainted the Council that last night 
he rec d intelligence from the selectmen & Justices of the town of 
Portsm that a person was sick with the small pox in the house of 
Mrs. Peacock of this town and that the s cl sick person had been 
moved by the selectmens order to a house on Partridge Island 
and that it was further suggested that several persons had visited 
the sick person in his illness and that there may be danger of the 
s d persons being thereby infected with the distemper and there- 
upon desired the Councils advise what they tho't most proper to 
be done to prevent the spreading of the infection. 

Upon which the Council came to the following Resolve viz. 
Resolved that the Selectmen of the town of Portsmouth as alsoe 
the selectmen of the several towns & Parishes within this 
ince be directed imediately to make the strictest inquiry after all 
persons that may any way be suspected and to be in danger of 
having taken the s d infection and to remove all such persons to 
some proper place or places as they may think necessary to pre- 
vent the spreading of s d distemper — and further that the s d se- 
lectmen be & hereby are authorized to look out take up & impress 
a suitable place or places for the reception of such persons or 
families as shall be removed and alsoe for the reception of 
such persons or families as have taken or are suspected to have 
taken the s d infection and all officers civil & military in their re- 
spective offices are hereby directed to be aiding & assisting the 
selectmen in the Execution of this Resolve. 



1747.] RECORDS OF THE COUNCIL. 113 

At a Council hoklen at Portsm by his Excelency's on Sumons 
on Sunday July 12 th 1747. 

Present — His Excelency the Governour 
[p. 29.] George Jaffrey } y f Henry Sherburne) ™ 

JotJiam Odiorne j ^' Theod. Atkinson j &, ^ k ' 

His Excelency comunicated to the Board an Information he 
had rec d of a schooner below in the Harbour that came from the 
West Indies that had the small Pox on board and hereupon asked 
the Councils advise in the premises — to which they did advise 
that the s d vessell together with the master, mariners & passen- 
gers that came in her perform a Quarantine of ten days or till 
further order — and that they nor any one of them presume to 
come on shore or land any the most minute thing from on board 
the s d vessell during the s d term nor suffer any person to goe on 
board or along side without particular orders upon the severest 
penalties of the Laws in such cases made and provided — and that 
the High Sheriffe be directed to put two men on board s d vessel 
who is to have an oath administered to them by a Justice of the 
Peace to see this order punctually executed. 



At a Council hoklen at Portsm on Tuesday July 26, 1747 by 
his Excelencys Sumons 

Present 
George Jaffrey ) Theod. Atkinson ) 

Jotham Odiorne >• Esqs. Rich d Wibird >■ Esqs. 

Henry Sherburne ) Sam 1 Smith ) 

The Secretary by his Excelencys order laid before the Board a 
draft of a letter he proposed to send in the Flag of truce now 
bound to Quebeck from the several Governments to exchange 
prisoners &c. to ask the approbation or alteration of his Majesties 
Council of the same which being read at the board it was ordered 
that the s d draft be & hereby is approved of & that his Excelency 
be desired to forward the same unless he should receive some fur- 
ther advice from the other Governments concerned that may re- 
quire an alteration. 



Flag of Truce. 

[Copied from MS. Corr. Vol. II, in Sec? 8 office, p. 23.] 

Boston June 20 th 1747. 
Sir — 

I am directed by the General Court of this Province to acquaint your Ex- 
cellency, that Governour Shirley has determined (as the request of both 
Houses) to send a Flag of Truce to Canada, with Commissioners to proceed 
therein to Quebec in order to procure the Redemption of all such English 
Prisoners belonging to this Government & the Governments of New Hamp- 



114 PROVINCE OF NEW-HAMPSHIRE. [1747. 

shire, Connecticut and Rhode Island as may be within that Government; and 
to use all possible Care to recover such of the said English Captives as may 
be in the hands of the Indians ; and that all the French Prisoners that may 
be obtained within these Governments be sent in the Flag of Truce to Can- 
ada ; and I am further to inform your Excellency that the Resolution of this 
Government in the said affair is taken in confidence that the Governments of 
New Hampshire, Connecticut & Rhode Island will join in the expence that will 
arise by the sending the said Flag of Truce, in proportion to the number of 
Prisoners belonging to each Government that may be redeemed; — and it is 
also desired that your Excellency would give orders that whatever French 
Prisoners are within your Province, be forthwith got ready to be sent hither, 
in order to their being transported to Canada in the said Flag of Truce. 
Your Excellency will be pleased to let this Governm* know your Determina- 
tion in this affair as soon as you can with convenience. I am, Sir, 
Your Excehencys most obedient 

& most 

(signed it is presumed) Josiah Willard. 



[Copied from MS. Corr. Vol. II, in Sec? 8 office, p. 17.] 

Boston, July 6 th 1747. 
Sir — On the 22 d of the last month I wrote to your Excellency, by order of 
the General Court of this Province, referring to a Flag of Truce Governour 
Shirley is sending to Canada: the only thing I have further to inform your 
Excellency of, on that Head, is that it is expected that the Flag of Truce will 
sail from hence about the middle of next week, and to desire, that if there be 
any French Prisoners in your Government, which your Excellency proposes 
to send to Canada by this Flag of Truce, that you would please to send them 
to Boston so that they may be ready to embark by the time appointed. 
I am with great respect, Sir, 

Your Excellencys most 
humble & most obedient servant 

Josiah Willard. 



[p. 30.] At a Council holden at Portsm by his Exceleneys 
Sumons on ffryday July 31, 1747 

Present — His Excelency the 'Governour 

t a aj' [in Theod. Atkinson ) ^ 

Hen^SWbTme t Richd Wibird > ' 

His Excelency laid before the Board a letter he rec d from Gov 1- 
Shirley dated Boston July 27 th inst. relateing to the forming an 
Expedition against Crown Point &c. & setting forth the danger 
there was of the six nations of Indians going over to the French 
intrest without some such expedition and asked the Council what 
answer they would advise him to make to the s d letter — 

To which they did advise that his Excellency write to Gover- 
nour Shirley that it was their oppinion the Assembly of this Prov- 
ince would do every reasonable thing when they were made 
acquainted with the scheme proposed & they were to set in a few 
days. 



1747.] RECORDS OF THE COUNCIL. 115 

Letter from Gov T Shirley relating to Danger from the French 

& Indians. 
[Copied from MS. Corr. in Sec? 8 office, Vol. II, pp. 25-26.] 

Boston, June 29 th 1747. 

Sir — 

This will inform your Excelency that this Government taking into consid- 
eration the great Danger which all his Majestys Colonies in North America 
are in (as well as their own particular Danger) of being in time destroyed by 
the French & Indians under then influence without a firm union between 
themselves, for their mutual Defence & for weakening & destroying the 
Power of the Enemy & more especially for driving the French from the Bor- 
ders of the Province of New York; and this Province have appointed Com- 
missioners to meet in a Congress to be held at New York on the second day 
of September next, with such Commissioners as may be appointed by all his 
Majestys Governments from New Hampshire to Virginia inclusively; then & 
there to treat & agree upon measures for encouraging the Indians of the six 
nations vigorously to prosecute their Incursions on the Enemy, as also to 
agree upon the method & Proportion of raising men & money for carrying 
on the War both offensively & defensively, and to project & settle such En- 
terprises & Plans of operation as the Common Interest shall require. 

Your Excellency will, I doubt not, duely consider the great Importance of 
this matter, & represent it in the strongest Light to your Assembly, that they 
may see not only how deeply his Majestys Interest in general is concerned, 
but that their own particular safety will be soon much affected by the growing 
Power of the French, and more especially the .Hazard there is that they will 
bring the six Nations into their Interest, in case they are not forthwith most 
vigorously & effectually supported by the English ; without which it will be 
but a very little while before the southern as well as the Northern Colonies 
will be Exposed to their Fury, And therefore I would earnestly recommend it 
to the several Governments separately to make Provision without delay for 
the encouragement of the six nations, till the Congress can be held; this 
Government having already advanced many large sums of money & still con- 
tinuing to do more for this service. 

Your Excellency will be pleased to give me seasonable advice of the Resolu- 
tion of your Government on this most important affair. 
I am, Sir 

Your Excellency's most 

obedient & most humble servant 

W. Shirley. 

P. S. Col. Stoddard is now going home ; But if your Excellency will send 
the 1000 allowed by your Assembly towards encouraging the Indians of the 
six Nations to Boston, I will direct the person whom you intrust it with to 
mvest it in proper goods and presents in the same manner as this Gov ts al- 
lowance has been, and to forward 'em to Col. Johnson and Mr. Lidius, which 
would be very opportune at this time. We have sent a great quantity of 
goods within these few days. 



Letter from Gov. Shirley relating to an Expedition agai?ist 

Crown Point. 
[Copied from MS. Corr. in Sec? 3 office, Vol. II, p. 27. [ 

Boston, July 27, 1747. 
Sir — As it appears to me by the latest advices I have received from Albany, 
as well as from what is contained in the New York Prints that there is the 
utmost Danger of a total Defection of all the six Nations from us, to the 



116 PROVINCE OF NEW-HAMPSHIRE. [1747. 

French interest, unless we do speedily & vigourously join with them in prose- 
cuting an Expedition against the French, "for dislodging them from Crown 
Point, as well as from the Fort they have built much nearer to the English 
settlements; — I have just issued a Proclamation for summoning every mem- 
ber of the General Court of this Province to attend the consultation that will 
be had on that affair, upon the 12 th of August next : and as the least loss of 
Time will greatly hazzard the success of the Enterprise if we should engage in 
it, I must intreat your Excellency to have the Assembly of your Province sit- 
ting at or before that Time & lay before them the Danger there is of all his 
Majestys Northern Colonies being soon depopulated & swallowed up by this 
Enemy, unless we now join withthe Six Nations without Delay, in pursuing 
the War against the Enemy. And I must pray your Excellency to give me 
early advices of the measures your Government shall take in this affair. 
I am with the greatest regard 

Sir, Your Excellencys most 

obedient, Humble sev* 

Wm. Shirley. 

P. S. I was favour' d w lh your Excellency's by the Post apprizing me of 
your sending the four French prisoners to go in the Flag of Truce, and am 
much obliged for 'em. I will write at large by next post. 

His Excellency Bennixg Wentworth, Esq. 

His Excelency then gave the Council an ace* of an Express he 
rec d from Pennycook giving an ace* of a number of Indians that 
lately appeared there & were repulsed and drove off after having 
killed a great number of cattle &c. & then asked weither the 
Council would advise that his Excelency be desired to cause 
thirty men to be posted there for one month. (1) 



At a Council holden at Portsm° by his Excelency's Sumons on 

Sunday August 3 d 1747. 
[p. 31.] Present — His Excelency the Governour. 

t ±1. m- I t? Theodore Atkinson ) -r, 

Jotham Odiorne ^E SqS . 4 w w j Esqs. 

Henry o her burn e ) J 

His Excelency after acquainting the Council of the Number of 
soldiers posted at Rochester Barrington & Nottingham & which 
he apprehended are scarcely sufficient for the safeguard & defence 
of the s d Towns, he having had advice of a number of Indians 
discovered on the Frontiers, asked weither the Council would ad- 
vise him to make any addition of men to those places and how 
many — to which the Council did advise that his Excelency 
cause an addition of thirty to those now posted in s d towns 
for one month & that they be supplyed with provisions by the 
Treasurer as those soldiers now in those towns are. 

(1) See an account of the above in Bouton's History of Concord, p. 179. Also a full ac- 
count of the Massacre, at Pennycook (or Rumford), by the Indians, August 11th, 1746-. 
pp. 157-176. 



1747.] RECORDS OF THE COUNCIL. 117 

At a Council holden at Portsm by his Excelencys Sumons on 
Wednesday Nov. 11 th 1747. 

Present — His Excelency the Governour 
George Jaifrey ) Rich d Wibird ) 

Jotham Odiorne >Esqs. Sam 1 Smith >Esqs. 

Theod r Atkinson ) Sampson Sheafe (1) ) 

His Excelency informed the Council that he had just received 
intelligence from the Selectmen of Portsm that the Small Pox 
was bro't into the Harbour in a Briganteen from Newfoundland 
& that several persons were now sick with the s d distemper on 
board, and desired the advice of Council what they tho't most 
proper to be done to prevent the spreading of the s d distemper. 

[p. 32.] To which the Council gave the following advice, viz. 
That orders be imediately given that no person be permitted to 
come on shore from s d vessell nor any person to goe on board 
without express orders from his Excelency — That the said vessell 
loe moved for safety to some place near to Anthonys Island in this 
Harbour and that two proper persons be ordered on board the s d 
vessell to see the orders punctually complyed with — and that the 
owners may from time to time (as his Excelency shall order) be 
permitted to supply the sick on board with necessary medicine & 
attendance nursing & provisions &c. and that the vessell, mariners, 
goods of all kinds & passengers perform Quarantine in this maner 
till further order. 



Es 



qs. 



At a Council holden at Portsm according to his Excelencys 
Sumons on Thursday Novemb r 12, 1747. 

Present — His Excelency the Governour 
George Jaffrey 1 Rich d Wibird 

Jotham Odiorne I ™ Sam 1 Smith 

Henry Sherburn ( ^ ' Sam 1 Solley 
Theod. Atkinson J Sampson Sheaffe 

His Excelency proposed to the Council that Thursday the 26 th 
of this Instant November should be set apart as a Day of Publick 
Thanksgiving thro' out this Province in consideration of a plenti- 
ful harvest, the safety of trade & frontiers &c. to which the Coun- 
cil did advise & consent 

(1) Sampson Sheafe was of New Castle, second son of Sampson Sheafe of Boston, 
born 1681, graduated at Harvard College, 1702. His business was in the mercantile line, in 
the fishery and West India trade. November 27th, 1711, he was married by the Eev. John 
Emerson, of Portsmouth, to Sarah Walton, daughter of Col. Theodore W alton, of New M . 
Castle. He was first appointed one of his Majesty's Council, "174© under Gov. Belcher; / <*ifa 
and continued in office during the administration of Gov. Benning Wentworth to the year 
1761, when he resigned his seat, at the age of 80. He died 1772, aged 91, leaving 8 children, 
Sampson, b. 1712; Jacob, b. 1715; Henry, Matthew, Samuel, Sarah, Mehitable and Eliza- 
beth. The Sheafe Family is one of the ancient and distinguished families of Portsmouth, 
N. H. [See " Brewster's Rambles," Vol. II, pp. 126-132.]— Ed. 



118 PROVINCE OF NEW-HAMPSHIRE. [174T.. 

At a Council holden at Portsm by his Excelencys Sumons on 
Fryday November the 20 th 1747. 
[p. 33.] Present — His Excelency the Governour. 

Jotham Odiorne 1 Sam' Smith ) 

Eliukske " "" \ Es ^ John Downing ^Esqs. 
Theod. Atkinson J Sam P son Sheaffe > 

Jotham Odiorne, jun. Esqr. owner of the Briganteen now under 
Quarantine by an order of this Board of the 11 th Inst, sets forth 
that there is an unnecessary expence attending the s d Quarantine 
for that the Sherriff had posted two men on board ; That there 
was three men sent on board by the owner before & that there is 
also two men belonging to said vessell that formerly had had the 
said distemper. That as he conceives there needs no more per- 
sons on board than is necessary to look after the vessell, the per- 
sons that were infected being all in a condition to walk the- 
deck, &6. 

Ordered That his Excelency be desired to give orders for dis- 
missing the s d two men put on board by his Excelencys order to 
the Sheriff & one of the three put on board by s d Odiorne de- 
taining two only to see the Quarantine duly performed & that 
some proper person be directed to swear the persons so detained 
to the faithfull discharge of their trust & to see that the persons 
discharged be properly clensed and shifted. 



At a Council holden at Portsm by his Excelencys Sumons on 
Wednesday December 9 th 1747. 

Present. 

Jotham Odiorne ) a , a .,, v 

Ellis Hnske I w Sam' Smith ) 

Theod. Atkinson \ Es 1 s - John Downing ^Esqs. 

Rich»Wibird J Sampson Sheaffe ) 

[p. 34.] Jotham Odiorne' Esq. owner of the Briganteen Eagle 
now under Quarantine having made apply cation to this Board 
representing that the persons on board s d vessell that were infected 
with the Small Pox were now all well of the said distemper & 
had been so some time & praying that the s d Quarantine may be 
taken off & the s d vessell admitted to an entry. 

Ordered that his Excelency the Governour be desired to give 
orders to the selectmen of the town of Portsmouth or some other 
suitable person or persons to visit the said vessell and if the affair 
is as above represented to take off the Quarantine after having 
all cloathing & bedding or any thing properly cleansed to prevent 
the spreading of the s d distemper. 

'Tis hereby further directed that the owners of the s d vessell 



1748.] RECORDS OF THE COUNCIL. 119 

pay to Nath 1 Fellows & George Townsend & each of them 20s 
per day during their being on board s d vessell (by order of the 
Governour & Council) to see the Quarantine duely performed & 
10s to Ambross Clarridge & 10 s to Thomas Davis for fetching 
the guard on shore and this order to be performed before the 
Quarantine is taken off or the vessell admitted to an entry. 



At a Council holden at Portsm according to his Excelencys 
Sumons on Tuesday March 18 th 1747-[8.] 

Present — His Excelency the Governour 
[p. 35.] George Jaffrey ) Sam 1 Solley ) 

Theodore Atkinson > Esqs. John Downing >- Esqs. 
Rich d Wibird ) Samspon Sheafe ) 

His Excelency ordered the reading the vote of Assembly of the 
11 th inst. granting a number of soldiers for guarding the frontiers 

O O CO 

&c. and as the s d vote mentions the s d Forces to be upon duty by 
the 15 th of April unless his Excelency tho't proper to send them 
sooner His Excelency asked the advice of the Council weither 
they were for his sending to their several posts sooner than the 
s d 15 th of April, — to which the Councils advice was that the s d 
men be not sent upon duty till the s d 15 th April unless his Excel- 
ency should hear of some discovery of the enemy's being on or 
near the frontiers before that time. 

His Excelency asked the Council what they would advise him 
to do in respect to the letter received from Mr. Secretary Willard 
by order of the Mass a General Court & mentioned in his Excel- 
encys Mess a to the Assembly of the 8 th inst. 

The Council takeing the same into consideration in as much as 
the Lower House have not acted any thing upon the s d affair to 
whom it was more particularly addressed & whose vote in con- 
junction with this Board we apprehend is necessary & tho' this 
Board are mil in oppinion of the exj^ediency of the s d affair & 
are willing to contribute what in their power to carry it into Ex- 
ecution yet as the matter is now circumstanced cannot advise to 
the doing any thing on s d affair at present. 



At a Council holden at Portsm according to his Excelency's 

Sumons, April 11 th 1718. 

[p. 36.] Present — His Excelency the Governour 

George Jaffrev ) -^ Rich d Wibird ) ™ 

Theod. Atkinson | ^^ Sam 1 Solley § ^ s ' 

His Excelency laid before the Council the situation of a num- 



120 PROVINCE OF NEW-HAMPSHIRE. [1748. 

ber of persons inhabiting a place called Sowhegan East (1) within 
this Province that were without any Township or District & had 
not the privilege of a Town in choosing officers for regulating 
their affairs such as raising money for the ministry &c. 

Upon which his Excelency with the advice of the Council was 
pleased to order that the above mentioned persons living at the 
said place be & hereby are impowered to call meetings of the s d 
inhabitants at which meeting they may by virtue hereof transact 
such matters and things as are usually done at town or Parish 
meetings within this Province, — such as choosing officers raising 
money for paying such charges of the s d inhabitants as shall be 
voted by a majority present at any such meetings Provided never- 
theless that nothing herein contained shall be construed deemed 
or taken as a Grant of the Land or quieting any possession, and 
that this order may be rendered beneficial to the said inhabitants 
tis further ordred that Capt. John Goffe,jun. call the first meeting 
by a written notification posted up at a publick place amongst the 
inhabitants fifteen days before the time of- the s d meeting, in which 
notification the matters to be transacted are to be mentioned, and 
after that the selectmen may call meetings and are to follow the 
rules in so doing that are prescribed by law for town & parish 
meetings This vote to continue and be in force till some further 
order thereon & no longer. 



[p. 37.] At a Council holden at Portsmouth by his Excelencys 
Sumons May the 1 st 1748. 

Present — His Excelency the Governour 

rj ° Q1 , ^ f -p Theod. Atkinson ) t? 

Elfe Hu*e " e ) ' Sam ' Solle y > 

His Excelency laid before the Council a letter he rec d from 
Capt. Todd, Capt. Clough &c. &c. dated at Canterbury April 28 th 
1748 giving an ace' of a body of Indians being discovered a few 
days before at Contoocook (2) killing many of their cattle <fcc. 
and that they were in fear of an attack &c. Upon which he 
asked the Council weither they would advise him to the sending 
a reinforcement to each of the s d Garrisons at Contoocook & Can- 
terbury to remain there till the Assembly sat — To which the 
Council did advise & consent that 10 men should be sent to each 
of them. 

(1) Sowhegan East comprised Bedford and part of the town of Merrimack.— Ed. 

(2) Now called Boscawen. — Ed. 



1748.] KECORDS OF THE COUNCIL. 121 

At a Council holden at Portsmouth by his Excel ency's Sumons 
on Tuesday May the 10 th 1748. 

Present — His Excelency the Governour. 



George Jaffrey 
Jotham Odiorne 
Henry Sherburne 
Ellis Huske 
Theod. Atkinson 



Richard Wibird 
Sam 1 Smith 
Esqs. John Downing > Esqs. 
Sam 1 Solley 
Sampson Sheaffe J 

His Excelency ordered the Sec y to enter in his records the fol- 
lowing paragraph of his Commission, viz. 



[p. 38.] " And we do likewise hereby give & grant unto you full power & 
authority by & with the advice of our s d Council! to agree with the inhabi- 
tants of our s d Province for such lands tenements & hereditaments as now 
are or hereafter shall be in our power to dispose of & them to grant to any 
person or persons for such terms and under such moderate Quitrents services 
& acknowledgements to be thereupon reserved unto us as you by & with the 
advice aforesaid shall think fit which s d grants are to pass & be seal'd by our 
Seal of New Hampshire & being entred upon record by such officer or officers 
as you shall appoint thereunto shall be good & effectual in law against us 
our heirs & successors." 

His Excelency then read at the Board his Majesty's 38 th & 39 th 
Instructions to him relateing to the granting lands &c. within 
this Province. 

And then asked the Council weither they would advise to the 
granting any Townships agreeable to his Majesty's eaid Instruc- 
tions at this time — To which the Council did advise when any 
suitable number should petition therefor. 

His Excelency laid before the Board a Petition of sundry In- 
| habitants in the town of Dover signed by John Ham & about 105 
others praying a grant of a tract of land six miles square bound- 
ing easterly on Salmon Falls river & southerly on Rochester head 
line which being read at the Board and debated the Question was 
| put weither the Council would advise his Excelency to grant the 
! s d Tract agreeable to his Majestys Instructions — and it passed in 
the affirmative. 

[p. 39.] The Hon ble Theodore Atkinson & Rich d Wibird Esqs. 

protested against the same for the reasons entred on file. (1) 

His Excelency alsoe laid one other Petition before the Council 

j signed by Thomas Tibbets & about 130 others inhabitants of 

| Dover afores d praying for a Township six miles square bounding 

\ easterly on a Tract petitioned for above by John Ham & others 

! & southerly on Rochester head line above s d . The petition being 

' read & debated the question was put weither the Council would 

: advise to the granting the Tract of Land agreeable to his Majes- 

j ty's Instructions, and it passed in the affirmative. The Hon'ble 

; Rich d Wibird and Theodore Atkinson Esqr. protested against the 

same for the reasons entred on file. 

(1) The protests on file referred to cannot now be found. — Ed. 



122 PROVINCE OF NEW-HAMPSHIRE. [1748. 

At a Council holden by his Excelencys Sumons at Portsm on 
Thursday June 23 d 1748 

Present 
Ellis Huske ) v Rich d Wibird > ^ 

Theodore Atkinson f ^ S( l s * Sam 1 Solly } JJjSqs ' 

His Excelency laid before the Board a report of a Committee 
of the General Court of the Massachusetts Bay as the same had 
been accepted by both Houses of s d Government relateing to the 
sending Comissioners to be present at an interview with the Six 
Nations of Indians at Albany the 14 th of July next. 

After reading the s d report the Question was put weither the 
Council would advise to the sending Commissioners on the part 
of this Province to be present at the s d interview. 

But in as much as there's no money in the Treasury appropri- 
ated [p. 40.] for such services as are mentioned in the s d Report 
and which seem absolutely necessary to answer the good ends 
proposed in the s d Report and the General Court not being set- 
ting — it passed in the negative. 



At a Council holden at Portsm on Fry day July 29 th 1748 by 
his Excelency's Sumons 

Present 

George Jaffrey ) "R' h d W'V-1 ) 

Henrv Sherburne > Esqs. c , a in > Esqs. 

Theod. Atkinson ) Sam' Solley j 1 

His Excelency sent his May tyB Proclamation declaring a cessa- 
tion of arms as well by sea as by land agreed upon between his 
Majesty the most Christian King and the States General of the 
United Provinces & enjoyning the observance thereof, which his 
Excelency rec d from his Grace the Duke of Bedford, & which his 
Excelency ord d to be laid before the Council & then proclaim the 
same at the Council Chamber & then by beat of Drum at the Pa- 
rade — which was accordingly done. 



At a Council holden at Portsmouth on Monday the 3 d day of 
October 1748 

Present — His Excelency the Governour 
George Jaffrey 1 Richd wibh . d 1 

Theod. Atkinson j Sam' Solley j 

The Petition of Timothy Levit & four others selectmen of 



1748.] RECORDS OF THE COUNCIL. l-o 

Keenborough (1) praying the assistance of the Governour & Coun- 
cil [p 41.] relateing to their Parish affairs cv;e. and after some con- 
sideration 'tis ordred that the s d Petition £ the consideration 
thereof lye till an after meeting of the Governour & Council. 

His Excelency laid before [the Council] the vote of Assembly 
of the 2 d of June 1747 relating to his drawing Bills for repaying 
the money borrowed for defraying the charge of the Troops tfc 
Vessels etc. sent to the succour of Annapolis Royal & informed 
the Council that the owner of the Briganteen St Clair one of the 
vessels employed in that service were dissatisfyed with the hire 
proposed to be paid for said vessell £ desired that they might be 
paid in sterling bills. &c. 

And then his Excelency asked weither the Council would ad- 
vise him to make any alteration or pay them agreeable to the 
above said vote. 

To which the Council did advise that the said owner should be 
paid as much as said vessels were rated at & paid for in the Gov- 
ernm 1 of the Massachusetts for the same service at or about the 
same time. 



At a Council holden at Port sin' by his Excelencys Sumons 
Octo. the 10 th 1748— Monday 

Present — 1 1 is Excelency the Governour 

George Jaffrey ) D . , 4 TO . V . , v 

TI o Q1 , • ' v ^ Lieh" \\ ibird > ,. 

Henry bnerburne VEsqs. a . 01 ~ -Esqs. 

rr» s W1 • v >:fmpson Mieatte \ l 

I heod. Atkinson ) 

His Excelency laid before the Board a letter lie ree 1 from his 
Grace the Duke of Bedford dated the 28 th June. 1748 with a 
Proclamation declaring a cessation of Arms between his Brittanick 
[p. 42.1 Mar\ the King o\' Spain & the Republick of Geneva, 
which being tirst read at the Hoard was by his Excelencys order 
proclaimed in form bv beat of 1 Maim, etc. 



At a Council holden at Portsm by his Excelencys Sumons on 
Tuesday December the 6 th 1748. 

Present — His Excelency the Governour 
George Jaffrey ) John Downing ) 

Theo. Atkinson v - Esqs. Sam'- Solly i- Esqs. 

Pioh a Wibird \ Sampson Sheaffe \ 

His Excelencv acquainted the Council that he tho't it for his 
Majesty* service that an Assembly should be called as soon as 
conveniently it might be done & then asked weither the Council 

(1) A.Yf;iN>7vt<<;/» was h pariah laid off from the town of Brentwood.— Ed. 



124 PROVINCE OF NEW-HAMPSHIRE. [1749. 

would advise thereto — to which the Council unanimously an- 
swered that it was their advice to him so to do. 

Adjourned by his Excelencys order till to morrow 11 o'clock 
a. m. 



Met again according to adjournm* 

Present as yesterday and adjourned sine die. 



At a Council holden at Portsm according to his Excelencys 
Sumons on Tuesday March 9 th 1748-[9] 

Present — His Excelency the Governour 
George Jaffrey ) ^ Rich d Wibird ) ™ 

Theod. Atkinson \ Es 1 s - Sam' Solley \ Es 1 s - 

His Excelency proposed to the Council his issuing his Procla- 
mation [p. 43.] for appointing Thursday the 30 th of March Inst, 
as a day of Publick Fasting & Prayer thro' out this Province on 
ace 1 of the seed time, harvest &c. &c. to which the Council did 
consent & advise. His Excelency & the Council took again under 
consideration the above s d Fast & altered the day from the 30 th 
to the 23 d of this Inst. March. 

At a Council holden at Portsmouth by his Excelencys Sumons 
on Saturday March 11 th 1748-[9] 

Present — His Excelency the Governour 
George Jaffrey ) £ Rich" Wibird ) E 

T. Atkinson ) L Sam 1 Solly j ^ ' 

His Excelency acquainted the Council that there was a Ship 
now in the Harbour from Jamaca of which George Libby is mas- 
ter that had the Small Pox on board sundry of the crew having 
had it in their passage & the Master &■ Mate now down with it & 
asked the Councils advise what they tho't proper to be done in 
the affair. The Council takeing the said motion under considera- 
tion & gave the following advice, viz. 

That the Ship as soon (as conveniently may be) be carryed to 
some place near the Pest house on Anthonys Island & there per- 
form Quarantine — that the owner of the s d ship provide two 
suitable men (which are to be approved of by his Excelency & 
under oath) to see the s d Quarantine duely & faithfully performed 
till further orders — not to suffer any person to goe on board or 
come on shore without express orders not to suffer any kinde of 
thing to be landed from on board said Yessell nor any boat canoe 
& other vessell to come alongside — the person that shall be sent 
[p. 44.] on board to take the care as afores d and to be furnished 
with an iron chain and hook for the vessell the better to secure 
the persons from coming on shore. 



1749.] RECORDS OF THE COUNCIL. 125 

At a Council holden at Portsm by his Excelency Sumons on 
Fryday March 22 d 1748 — 

Present his Excelency the Governour. 

George Jaffrey ) Rich* Wibird ) v 

Mhs Huske >-Esqs. Q ion Y Esqs. 

Theod. Atkinson \ Sam' Solley f 

His Excelency informed the Council that he had had an apply- 
cation from Mr. Mark Hunking Wentworth the owner of the 
ship now under Quarantine that there is on board seven persons 
that formerly had had the Small Pox, viz. one Doak & Clark 
taken in at Boston & Timo. Cotton, John Bowles & Christo 
Linch, Edward Sadler & Ichabod Libby come from Jamaca in the 
s d ship & then asked the Council weither they would advise him 
to give for the s d men to be properly classed & shifted & suffred 
to come on shore — to which the Council did advise & consent — 
the s d men not to be suffred to bring on shore any apparel or any 
other thing but to have fresh cloathing of all kinds from the shore 
& that his Excelency be desired to give the strictest orders to 
some proper person to see the same punctually performed — 

And to prevent any comp* from any of the s d men or the others 
that remain on board ordred that the Hon ble Rich d Wibird be & 
hereby is appointed & desired if he will take th'e trouble thereof — 
to see that the cloathing & such other things as the owner shall 
provide are proper for the occasion and whith whome the owner 
is to consult on every occasion as well with respect to the supply 
of the people on board as those that are permitted to come on 
shore. 



[p. 45.] Province of ) At a Council holden at Portsmouth ae- 
New Hamp r j cording to his Excelency s Sumons, on 
Fryday April the 7 th 1749. 
Present — His Excelency the Governour 

George JafFrev 1 D . l(1 wu- i x 

tj ou -U" Rich d Wibird ) 

Henry bnerburn I -o G , .., t v 

Ellis Huske f Es( l s - Sam' Smith ^Esqs. 

Theodore Atkinson j Sampson Sheaffe ) 

His Excelency ordered the Sec y to read at the Board the vote 
of General Assembly for the choice of a recorder the last time the 
said recorder was chosen, viz. the 19 th August 1747 and in the 
said vote 'tis mentioned that the s d Recorder should be appointed 
for one year from the 16 th of July then last past & until the 3 d 
day of the next sitting of the General Assembly after the expira- 
tion of the said term — & then asked the advise of the Council 
weither in their oppinion the said mentioned third day was ex- 
pired or not. It appearing that the Comittee in the s d vote ap- 
pointed to take the charge of the books &c. (when the same 



126 PROVINCE OF NEW-HAMPSHIRE. [1749. 

should be expired) into their possession &c. had rec d the books 
by which means the records are now shut up which might be of 
great detryment to his Majesties good subjects & therefore pro- 
posed that if the said Comittee thro' a misconstruction of the said 
vote had made a mistake weither the Council would advise to 
the granting an order to the said Comittee to re-deliver the said 
books &c. to the above said recorder. 

[p. 46.] The Council came to the following resolution viz. 
Resolved that his Excelency be desired to order the said vote to 
be laid before the Kings attorney & direct that he give his oppin- 
ion in writing weither the time the recorder was appointed for by 
the s d vote was expired or not & that the Council suspend their 
further advice till a further day. 



Province of New Hamp r 

At a Council holden at Portsm according to his Excelencys 
S unions on Wednesday April 19 th 1749. 

Present — His Excelency the Governour 
George Jaffry (1) ) E Rich* Wibird ) E 

Theocl. Atkinson ] ^f ' Sam 1 Solly } ^ SqS ' 

Mark flunking Wentworth Esqr. making applycation that the 
Ship Knowles had now performed her Quarantine & that upon a 
■survey of His Excelencies order a report was made that the s d 
ship was as well cleansed as she could be, &c — and praying she 
might be admitted to an entry & discharge. 

Ordered that the said ship be delivered into the care of the 
owners and that Capt. Mark Hunking be directed to see (with 
the advice of Capt. Me'rdon & Mr. Jere Libby) that the men are 
washed & shifted & not to suffer any bedding or cloathing of any 
kinde that had been used or on board to be bro't up in or with j 
the said ship nor any other thing that there may be the least dan- j 
ger of any infection in — and that his Excelency be desired to 
give the necessary orders herein — Which was accordingly don &i 
an order rendered. 

(1) This is the last time the name of George Jaffrey appears in the place of Councillor. ) 
He was born at New Castle, November 22, 1682; graduated at Harvard College in 1702; J 
married, January 10th, 1710, Sarah, daughter of David and Elizabeth (Usher) Jeffries, of; 
Boston, who died January 12, 1734. For a second wife Mr. Jaffrey married, March 9, 1738, \ 
the widow of Hon. Archibald McPhedris, who was Sarah, daughter of Lieut. Gov. John 
Wentworth. He resided in Portsmouth, engaged in trade, was appointed Councillor in 1 
1716, and Treasurer of the Province after the death of Mr. Penhallow in 1726. He was j 
also Chief Justice of the Superior Court of Judiciature, and retained that office, as well • 
as that of Councillor, until his death. He died at Coll. Appleton's, in Ipswich, Mass., May | \ 
8, 1749, aged sixty-nine years. — Ed. [See Brewster's Ramb., Vol. II, p. 69.] 



j 



1749.] EECOEDS OF THE COUNCIL. 127 

[p. 47.] Province of New Hamp r 

At a Council holden at Portsmouth on Monday the 8 th day of 
May 1749 according to his Excel en cys Sumons 

Present — His Excelency the Governour. 
Ellis Huske ) Eg Rich d Wibird ) E 

Theod. Atkinson j 3- ' John Downing j ^ * 

His Excelency ordered the Secretary to read at the Board a 
letter he rec d from his Grace the Duke of Bedford, dated White- 
hall Feb y 6 th 1748-9, acquainting his Excelency of a Definitive 
Treaty of Peace concluded at Aix La Chapelle on the 17 th day of 
October then last between his Majesty the most Christian King 
& the States General of the United Provinces to which the Em- 
press Queen of Hungary & the King of Spain & Sardinia — with 
the Duke of Mordena and the Republick of Gen[e]va had ac- 
ceded. 

With which letter there was also his Maj tys Proclamation on 
the Premises &c which his Excelency ordered to be published at 
the Council Chamber & at the Parade &c. which was done 
accordingly. 



Province of New Hamp r 

At a Council holden at Portsmouth according to his Excel- 

encys Sumons on Wednesday July 19 th 1749. 

Present — His Excelency Benning Wentworth, Esq. Governour. 

Theodore Atkinson ^ John Downing ") 

Richard Wibird yEsqs. Samuel Solley V-Esqs. 

Samuel Smith ) Sampson Sheafe ) 

[p. 48.] His Excelency laid before the Board a Letter from his 
Excelency Governour Shirley dated Boston June 3 d 1749 relate- 
ing to the makeing a peace with the Indians & appointing a time 
& place for a treaty with them, <fcc. &c. 

And then told the Council he tho't it for his Maj tys service & 
the interests of the Province to send Commissioners to attend the 
said Treaty which was appointed to be held at Casco Bay on the 
27 th of September next, and accordingly appointed Theod 1 ' Atkin- 
son Rich d Wibird Sam 1 Solley & John Downing Esqs to be by 
him Commissioned for that service. 



Letter from Gov. Shirley to Gov. B. Wentworth. 
[Copied from Coll. N. H. Hist. Soc, Vol. II, p. 264. | 

Boston, June 3, 1749. 
Sm — The occasion of this Letter is to acquaint your Excellency, that there 
are now in Boston nine Indians, six of the Penobscot Tribe and three of Nor- 
ridgewalk, with whom I have had divers publick Conferences, who declare 



128 PROVINCE OF NEW-HAMPSHIRE. [1749. 

themselves to be sent hither by the Indian Tribes of St. Francois and St 
John's River, as well as their own, and impowered by those Tribes to assure 
us of their Disposition and Desire to make Peace with the English Govern- 
ments, and to appoint a time of Meeting for such Treaty; and I have accord- 
ingly appointed the 27 th of Sepf next for the time of their meeting us at Fal- 
mouth in Casco Bay. And as this Goverm* apprehends that it will be of 
great Advantage for the Success of this Affair, that all the neighbouring Gov- 
erning concerned in the late War should be represented by their Commiss rs at 
this Treaty, I desire that your Excellency would please to send Commission- . 
ers from New Hampshire to join in these Negotiations in behalf of your 
Province. As it has always been the custom to make Presents to the Indians 
upon the Conclusion of the Treaty, We have provided for such Presents as 
we judged necessary for our selves. I shall write to the Governours of Con- 
necticut and Nova Scotia. 

I am, &c. 

W. Shirley. 
His Excellency Benning Wentworth, Esq. 



Province of New Hamp r 

At a Council holden at Portsmouth by his Excelencys Sumons 
on Sunday July 23 d 1749. 

Present — His Excelency the Governour. 
Henry Sherburne ) -^ Rich' 1 Wibird j ™ 

Theodore Atkinson j W*" Sam 1 Solley } ^ sqS ' 

His Excelency mentioned to y e Council the quantity of Pow- 
der remaining of what was procured for the Canada Expedition, 
that he looked upon it case of lightning, fire &c. of very danger- 
ous circumstances to the whole town — and therefore asked the 
Council what steps they tho't advisable to be taken for the 
greater security thereof. 

The Council takeing the above under consideration gave the 
following advice, viz. That his Excelency be desired to give the 
[p. 49.] officer at Fort Will™ & Mary orders to receive the same 
giveing a rec* therefor for the number of casks and their respec- 
tive contents, and that the same be secured in' some Magazine in 
said Fort, and that he alsoe give an order to the Committee who 
now has the care of the s d Powder to convey the same to the s d 
officer. 

His Excelency alsoe laid before the board two anonymous let- 
ters directed to Jotham Odiorne, Esqr. one dated June 12 th last, 
the other dated the 14 th July Inst, (no place named from whence 
wrote) demanding the sum of £500 lawful money & on his re- 
fuseing to lodge the same on the long bridge between Kingstown | 
& Chester threatning to destroy his person & estate, &c. 

Upon which the said Odiorne being asked declared that he [,' 
received the last of the s d letters from Robert Elliot Gerrish who I 
told him he had it from a mulatto fellow named Pero heretofore - 
a servant of Mr. George Massey of this town now liveing withl 
one Will m Blair of Londonderry — that the said Pero gave it to I 
him at Newbury and said his Master sent it. The first of said; 
letters being dropt in s d Odiornes Yard. 



I 



1749.] RECORDS OF THE COUNCIL. 129 

Ord. That the said William Blair & the said Pero be imediately 
apprehended and bro't before the Governour & Council in order 
to their being examined concerning the premisses. 



Province of ~New Hamp 1 

At a Council held at Portsm by his Excelencvs Sumons on 

Wednesday July 26 th 1749. 

[p. 50.] Present 

Theodore Atkinson ) t i -n • k 

o- i t xxr-w i [ u John Downing ) 

Kicuard Wibird VEsqs. Q 1C „ & ;- Esqs. 

a , o ..* I * bamuel Solley L 

bamuel bmith ) - ' 

Ordered That a sumons be Issued to require the attendance of 
Capt. John Mitchell of Londonderry that he may be interrogated 
about Mr. Will 111 Blair & the letters" left with & 'sent to Mr. Odi- 
orne as entred on Sunday last. Mess rs Packer & Livermore being- 
appointed by the Council to take notes. 

The s' 1 Mitchell was sent for in and examined — see the minits.(l) 

Then the said Mitchell was ordered to withdraw and to give 
his attendance tomorrow in the forenoon. 

Then the Council ordred the Sherriff to bring before the Board 
the serv* of William Blair named Pero who was alsoe examined. 
See the minits. 



Pro. N. Hamp 1 " 

At a Council holden at Portsmouth according to his Excel- 
encys Sumons on Saturday July 29 th 1749. 

Present 
Theodore Atkinson ) John Downing ~) 

Rich 11 Wibird V Esqs. Sam 1 Solley V- Esqs 

Sam 1 Smith ) Sampson Sheaffe ) 

Resolved that his Excelenc} r be desired to issue a Proclamation 
I by and with the advice of Council for the apprehending Will m 
Blair of Londonderry & confineing him so that he may be bro't 
to justice on the affair of the threatning letters sent to Jotham 
! [p. 51.] Odiorne Esq. & oifering a reward of thirty pounds to such 
[person or persons as shall secure the said William in such a man- 
iner as that he may be bro't to a tryal. 

(l)The " minits " here referred to cannot now be found.— Ed. 
9 



Richard Wibird 
Sam 1 Smith 



130 PROVINCE OF NEW-HAMPSHIRE. [1749. 

Province of New Hampshire 

At a Council holden at Portsm according to his Excelencys 
Sumons on Monday July 31 st 1749. 

Present 

Henry Sherburne 1 T , -^ .^, 

t«u ir A+i • John Downing 

llieod r Atkinson ^ « i o n t? 

Esqs. bam 1 Soliey > Esqs. 

Sampson Sheaffe j 

His Excelencys letter to this Board of this day date being read 
at the Board adviseing the Council that he had laid before him 
the resolve of Council of the 29 th Inst, desireing him to issue a 
Proclamation for the apprehending Will™ Blair of Londonderry 
& for offring a reward to any person or persons that should ap- 
prehend the said Will 111 Blair & that he tho't the reward in the 
said resolve mentioned was not high enough & therefore proposed 
to the Council to raise it & to extend it to any person that may 
have been concerned in the scheme of the said letters. Upon 
which the Council came to the following resolve viz. 

Resolved unanimously that his Excelency be desired to issue a 
Proclamation for the apprehending the said William Blair or any 
his accomplyces in the writing or contriving the said vilinous let- 
ters and that a reward of one hundred pounds New tenor be 
promised to be paid out of the Treasury of this Province to any 
[p. 52.] person or persons that shall voluntaryly apprehend & se- 
cure him or them so that they may be convicted and that the Sec- 
retary countersign the Proclamation by & with the advice of 
Council. 



Province of New Hamp r 

At a Council holden at Portsmouth according to his Excelencys 
Sumons on Monday November the 13 th 1749. 

Present — His Excelency the Govern our 
Theodore Atkinson ) -™ Sam 1 Solley ) t? 

Rich* Wibird } ^ s ' Sampson Sheatfe } ^ sqS * 

His Excelency acquainted the Board that he had oftentimes 
been solicited by Capt. John Mitchell now a prisoner in his Majes- 
ty's goal on a sentence given against him at his Maj tys Superiour 
Court of Judicature praying that he would be pleased to take his 
the s d Mitchells case under consideration and grant him some re- 
lease as in his wisdom & goodness he should see fit — at the same 
time laid before the Board a petition from the ministers, justices, 
selectmen & military officers of the town of Londonderry, where 
before the imprisonment the said Mitchell did reside, praying his 
Excelencys interposition in the said Mitchells behalf — which 
being read at the Board his Excelency alsoe read at the Board 
his Majesties 36 Instruction and alsoe a Parragraph of his Majes- 
ties Comission to him as Governour) relateing to his remitting all 



1749.J RECORDS OF THE COUNCIL. 131 

fines, forfeitures &c. and then asked weither the Council would 
advise him agreeable to the said Instruction to suspend the pay- 
ment of the fine mentioned in the said Judgment or sentence, to 
which the Council did advise. 

[p. 53.] His Excelency alsoe acquainted the Board that the 
Coniissioners he had appointed & impowered to treat with the 
Indians at Casco Bay had in pursuance of his Comission & In- 
structions attended said service — and that they had concluded 
upon & settled articles of Peace & friendship & then ordred the 
Secretary to lay the same upon the table which was don & pe- 
rused by the Council his Excelency then asked the advice of the 
Council weither he should issue a Proclamation thereof to make 
the same publick to which the Council did advise. 



The Submission and Agreement of the Eastern Indians. 

[Copied from Coll. Hist. Soc. MS., Vol. IX., pp. 220-223, (1st series).] 

Whereas a War has for some years past been made and carried on by the 
Indians of the tribes of Penobscott, Norridgewock, St. Francois, and other 
Indians, inhabiting within his Majesty's territories of New England, against 
the governments of the Massachusetts- Bay and New Hampshire, contrary to 
several treaties heretofore solemnly entered into : And the said Indians being 
now sensible of the miseries and troubles they have involved themselves in, 
and being desirous to be restored to his Majestys grace and favour, and to live 
in peace with all his majesty's subjects ; and that all former acts of injury may 
be forgotten : — 

We the under written being delegated and impowered to represent and act 
for and in behalf of the Indians aforesaid, have concluded to make, and do by 
these presents in their name make, our submission unto his most excellent 
majesty George the Second, by the Grace of God of Great Britain, France 
and Ireland, king, defender of the faith &c. in as full and ample a manner as 
any of our predecessors have heretofore done. 

And 'we do by these presents engage with Thomas Hutchinson, John 
Choate, Israel Williams, and James Otis, Esqrs. commissioned by the Hon- 
ourable Spencer Phips Esq. as lie is lieutenant-governour and commander in 
chief of the Province of the Massachusetts-Bay, and with the Govern our or 
commander in chief of said Province for the time being. 
That is to say, in the name and behalf of the tribes and Indians afoiesaid, 
j we do promise and engage, that at all times forever, from and after the date of 
J these presents, we and they will cease and forbear all acts of hostility, inju- 
ries, and discords towards all the subjects of the crown of Great Britain, and 
I not suffer the least hurt, violence, or molestation to them or any of them, in 
I their persons or estates ; but will hence forward hold and maintain a firm and 
constant amity with all the English ; and will never confederate or combine 
with any other nation to their prejudice. 

That all the captives taken in this war shall forthwith be restored, without 

any ransom or payment to be made for them or any of them. That his maj- 

i estys subjects, the English, shall and may peaceably and quietly enter upon, 

improve, and enjoy all and singular their rights of land, and former settle- 

! ments, properties, and possessions within the eastern parts of the said prov- 

: ince of Massachusetts Bay, together with all islands, islets, shores, beaches 

and fishery within the same, without any molestation or claims by us or any 

other Indians, and be no ways interrupted or disturbed therein : Saving to 

I the tribes of Indians within his Majesty's province aforesaid, and their natu- 



132 



PROVINCE OF NEW-HAMPSHIRE. 



[1749. 



ral descendants respectively, all their lands, liberties and properties, not by 
them conveyed or sold to, or possessed by any of the English subjects as 
aforesaid ; as also the privilege of fishery, hunting, and fowling as formerly. 

That all trade and commerce, which hereafter may be allowed between the 
English and the Indians, shall be under such management and regulation as 
the G-overnment of the Massachusetts province shall direct. 

If any controversy or difference at any time hereafter happen to arise be- 
tween any of the English and Indians for any real or supposed wrong or 
injury done on either side, no private revenge shall be taken for the same, 
but a proper application shall be made to his majesty's government upon the 
place, for remedy or redress thereof, in a due course of justice ; we submitting 
ourselves to be ruled and governed by his Majesty's laws, and desireing to 
have the benefit of the same, 

We do further engage, that if any Indians shall at any time hereafter com- 
mit any act of hostility against the English, we will join our young men with 
the English in reducing such Indians to reason. 

In the next place, we the underwritten do promise and engage with Theo- 
dore Atkinson and Jobn Downing, Esqs. commissioned by his Excellency 
Benning Wentwortb, Esq. Governour and commander in chief of his majestys 
province of New Hampshire and with the Governours and commanders in 
chief of said Province for the time being, that we, and the Indians we repre- 
sent and appear for, shall and will henceforth cease and forbear all acts of 
hostility, injuries, and discords, towards all the subjects of his Majesty, king 
George, within the said Province. And we do understand and take it that 
the said government of New Hampshire is also included and comprehended 
in all and every the articles foregoing, excepting that respecting the regulation 
of trade with us. 

In testimony whereof we have signed these presents, and affixed our seals, 

Anasaguntacooks and 
Wewenock 
Sawwaramet 
Ausatlo 
Waaununga 
Sauguish 
Warcedeen 
Wawawnunka. 



The counterpart was signed and sealed by the Commissioners of the Prov- 
ince; firmly engaging peace, and an uninterrupted enjoyment of the Indians 
in their lands ; but the quantity or boundaries were not described. 



a n Norridgewocks 


Penobscotts 




S. Toxus 


(Seal) 


Eger Enmut, 


(Seal) 


S. Cneas 


S. 


Maganumba, 


S. 


S. Magawonbee 


S. 


Nutumbouit, 


S. 


S. Harry 


s. 


Esparagoosaret 


S. 


S. Sooseplmia 


s. 


Nesnooon 


S. 


S. Noktoonos 


s. 






Nesagumbuit 


s. 






Peereer 


s. 







Proclamation in ratification of the Treaty, 

By the Honourable Spencer Phips, Esq. Lieutenant Governour and comman- 
der in chief in and over his Majesty's province of the Massachusetts-Bay in 
New England. 

A. Proclamation. 

Whereas, at the request of the Indians of the Penobscott, Norridgewalk,, 
Anasaguntacook, Wewenock, and other tribes, inhabiting within his Majesty* 
territories of New England, who have lately been at war with this Govern- 
ment, signified by their delegates to his Excellency William Shirley, Esq. cap- 
tain-general *of the said Province, at Boston, in the month of June last, a 
treaty was begun and held at Falmouth in Casco bay, upon the 14 th of Octo- 
ber instant, between commissioners by me appointed and impowered for that 
purpose, and certain chiefs and other Indians for and in behalf of the said 



1749.] BECORDS OF THE COUNCIL. 133 

tribes ; and upon the 16 th following, articles of peace and friendship between 
this government and the said Indians were agreed upon, finally settled and 
concluded — 

I have therefore thought fit, with the advice of his Majestys Council, to 
issue this proclamation, that all persons within this Government may be duly 
informed of the peace concluded as aforesaid. And I do hereby strictly com- 
mand and require ah his majesty's good subjects to live in peace and amity 
with the Indians of the Penobscott, Norridgewalk, Anasaguntacook and We- 
wenock tribes, and the other Indian tribes within the territories aforesaid, 
who have lately been at war with this government, and not to commit any 
acts of violence or hostility against the said Indians or give them any trouble 
or molestation ; but on the contrary to afford them all necessary comfort and 
assistance as occasion may require; and his majesty's justices of the Peace, 
and all other officers, in such places where the said Indians may resort, are 
hereby commanded to use their utmost endeavours that no wrong or injury 
be offered to the said Indians, and that the good laws of this province be 
strictly observed and maintained in all dealings and transactions with them. 

Given at the council chamber in Boston, upon Friday, the 27 th day of Oc- 
tober, 1749, in the 23 d year of the reign of our sovereign lord George the sec- 
ond, by the grace of God, of Great Britain, France and Ireland, king, defender 
of the faith, &c. 

S. Phips. 

By order of the Honourable the lieutenant-Governour, with the advice of the 
Council. 

J. Willard, Sec'ry. 
God save the Kino; ! 



Note. The Proclamation supposed to have been issued by his Excel- 
lency Benning Wentworth, relating to the above said Treaty, cannot now be 
found. — Ed. 



JOURNAL 



OF THE 



HOUSE OF REPKESENTATIVES 



UNDER THE 



ADMINISTRATION OF GOV. BENNING WENTWORTH. 



NOTE BY THE EDITOR. 

The first portion of the Journal which follows is copied from the " Journal 
of the House," in Secretary's office, 1724-1743, pp. 610-853. Pages in the 
margin correspond with pages in the MS. Journal. 

[p. 610.] Anno TLegni Regis Georgii Secundi Magnce Britan- 
nice, Franciw & Hiberniw Decimo Quinto. 
A Journal of the House of Representatives for the Province of 
New Hampshire in New England, begun and held at Portsmouth 
in and for said Province, the 13 th of January, A. D. 1741-2. 

His Excel en cy Benning Wentworth, Esq. Issued out the Kings 
Writ for calling an Assembly of the Freeholders & other Inhabi- 
tants, Quallined by Law to Represent the several Towns, <fcc. 

The p'sons Return'd to serve in Gen 1 Assembly are as fol- 
lows, viz. 

( James Clarkson, Esq. 
For Portsmouth - Capt. George Walker 

( Mr. Hunking Wentworth 
( Capt. John Gage 
Dover ■} Mr. John Canney 

( Capt. Thomas Wallensford 
( Mr. Samuel Palmer — by desier dismisst 
Hampton ■< Capt. Icabod Robie 

( Mr. Joseph Toll 

^ ( Samuel Gillman, Esq 

Exeter j Maj . p eter GiUman 

Strath am, Andrew Wiggin, Esq. 



1742.] JOURNAL OF THE HOUSE. 135 

New Castle, Mr. Jotham Odiorn 

Rye,. Capt. Richard Jennes 

Newington, Mr. George Walton 

Greenland, Mr. Thomas Packer 

Kingstown, Ebenezer Stephens 

Londonderry, Mr. Andrew Todd 

Durham, Mr. Jonathan Tomson 

New Market, Mr. Israel Gillman 

His Excell y adjourned the Gen 1 Assm. to the 14 th curr*. 



[p. 611.] Thursday, Jan. 14 th A. D. 1741-2. 

His Excell y sent Mr. Secretary to see if there was a Quorum of 
the House met. He was answered, There was. Then Mr. Secre- 
tary withdrew. 

Eod m Die. Mr. Secretary, Theo. Atkinson & Richard Wibird 
came to y e House, and said they were Impowered by his Excell y 
to Adm r the Proper Oaths & Declarations to the several members 
for Qualifying them. When they came to hold up their hands, 
Mr. John Canney a Quaker refus'd, But said he was willing to 
make a solemn affirmation which was accepted afterwards. After 
the Oaths Adm d Mr. Secretary said they had further Instructions 
from his Excel y , viz. to Direct the House to make choice of a 
Speaker, and then withdrew. 

The House proceeded to the choice of a Speaker. 

Andrew Wiggin, Esq. was chosen Speaker unanimously. Then 
the House made [choice] of James Janrey, Gen 1 for their Clerk 
& he was sworn accordingly. 

Messrs. Packer, Walton & Wallensford was sent to acquaint 
his Excell y That the House had chose Andrew Wiggin, Esq. 
Speaker, 

Eod m Die. Mr. Secretary came to the House and said that his 
Excell y Required the attendance of Mr. Speaker and the House 
in the Council Chamber. Mr. Speaker and the House went up 
accordingly. His Excell y made a speech. Mr. Speaker pray'd a 
copy and Return'd. 

Eod m Die. Mr Secretary bro't the Speech to be Coppyed & then 
to be return'd to him again 

The House adjourn'd for two hours, p. m. 

P. M. More members came, the Speech read as follows, viz. 

Gem} of the Council and of the Assembly, 

His Majesty out of a tender Regard to the future Happiness & Prosperity 
of his faithful subjects in this Province has been graciously pleased to answer 
[p. 612.] the united applications to the Throne, to separate the Government 
of this Province from the Mass a Bay, an Event which if rightly improv'd will 
(under the direction of Heaven) be a lasting advantage, will be a means of 
replenishing your Towns with People, of extending & inlarging your Com- 



136 PROVINCE OF NEW-HAMPSHIRE. [1742. 

merce, & since it has been his Ma^ Pleasure to commit to my charg- the 
Royal Commission, I shall in all faithfulness to the Trust comitted to me 
strictly support the Hon 1 interest & Prerogative of the Crown, and Endeavour 
that the Governm 4 shall be prudently Administered, That the Publick con- 
cerns shall be conducted with integrity, and that your Civil & Religious prev- 
elidges shall not only be preserved but advanced to the Extent of my Power. 

His Maj ties great wisdom & impartiality in determining the Tedious dispute 
with the Mass 11 Bay, (which has subsisted in one shape or other upwards of 
threescore years) is the highest instance of that paternal care, his Maj tie Ex- 
tends to all his subjects, tho' never so remotely placed, and should excite a 
generous ambition in all orders of persons in the Goverm 1 who should be first 
in duty and obedience, to his Royal person, family & Govern^. This has been 
your character and in consequence of that dutifull behaviour to your Sove- 
reign you are now begining to reap the fruits of your past obedience. 

The several Governments on the Continent have furnished his Maj tie with 
recruits to carry on the just and necessary war already begun against the king 
of Spaine in the West Indies, and had early measures been taken before I ar- 
rived in the Government, this Province would have supplyed their Quota of 
men with as much chearfulness as any of the other Governments, more es- 
pecially as the late Assembly had placed money in the Treasury for that pur- 
pose, but I am now apprehensive the good intentions of the Province will be 
[p. 613.] frustrated since the men fit and willing to enter into the Kings ser- 
vice, have mostly Inlisted themselves in the other GovermK 

It gives me a sensible pleasure on my accession to the Governm* that the 
Publick faith has been so Religiously kept in regard to past Emissions of pa- 
per money <fe that agreeable to the several Periods provided for by Acts of 
Governm 1 all former Emissions will be complyed with in the yeare 1742. This 
is a fortunate circumstance in favor of the Province, more particularly as the 
State of Paper Currency in all the Plantations is now under a Parliamentary' 
Consideration. 

Gen 1 of the Assembly, 

It is his Majesties Especial Comands to me That on my first meeting the 
Assembly, I recomend to them, that Provision be made for the Hon bIe Sup- 
port of the King's Govern^ And that you settle a Sallary on me suitable to 
maintaine the dignity of my office, and on my successors, in Sterling or Proc- 
lamation money, That it may not be liable to vary or subject to depreciate by 
the uncertain value of paper Currency. Former Assembly's have paid obe- 
dience to his Maj ties Comand on this Important subject, therefore I have the 
less room to doubt your ready compliance herewith, as a contrary behaviour 
will affect your present and future felicity, & to enable you to comply with 
your Obligations to the Crown, and that no Extraordinary aids should be 
asked of the People, His Maj tie has been pleased to condescend to indulge me 
with his Royal leave to consent to a farther Emission of paper Currency pro- 
vided it can be effected without prejudice to the Trade of our mother king- 
dom, which in the Enacting all Laws I shall expect you pay a particular 
regard. 

The last Assembly having made a supply for runing the lines between this 
Province & the Mass 11 Bay in conformity to his Maj ties determination in Coun- 
cil, And Mr. Mitchell having laid before me a correct survey of that part he 
was imploy'd in, I need only mention to you that when the whole shall be 
compleated you will grant such further supplys as shall fall short, that I may 
be able to carry the Kings Instructions into Execution, w ch shall be laid before 
you. 

[p. 614.] The defenceless state of Fort Win. & Mary the onely Fortification 
in the Province, requiring your Imediate inspection & I hope you will not 
faile to furnish that Garrison with such warlike Stores as may be necessary 
for the safety & defence of the Province. 

There bein^' no Fortification at or near the Great Pond Winnipissiokee, I 
hope you will think it for the publick service to Errect & keep a Block House 
in the most convenientest place neare that Pond, it will protect your Fron- 
tier & in case of an Indian Warr be of great use to the new settlements. 



1742.1 



JOURNAL OF THE HOUSE. 137 



I shall order the Treasurer to lay his accompts before you, by which you 
will iu part be able to judge of the Publick Debts. There will be exclusive of 
those accompts, A Debt due from the Province to private persons Expended 
in Engl d and here in defending the Province against the claims of the Mass a 
which few of you are strangers to, & which for want of annual supplies for 
many years past is become a heavy Debt. From the justness of this Debt & 
from the service done the Province, I am hopeing you need little urging to 
discharge the same Honourably & in a manner least burthensom to the 
People. • 

The next thing that claims your attention is the faithful services of your 
Agent, who has taken unweried pains in what affairs you comitted to his 
care, & it is your Province more particularly to reward his past service in 
which and in any thing else that concerns the Publick you may Expect my 
concurrence.. 

Gentlemen of the Council & of the Assembly 

Under your present situation you have but one Interest to pursue, being 
[p. 615.] actuated by such principles you will Endeavour to Promote Har- 
mony & Union in every branch of Power, you will discountenance persons 
that shall make the least attempt to disturb the general Tranquillity, let it be 
disguised under any specious pretence whatsoever. Such a behavior will give 
weight to your deliberations & reflect Hon r on the Government, and such 
resolutions vigorously pursued will render the Present sessions short and con- 
sequently less expensive to the People. 

I shall on my part be ambitious in incouraging measures in themselves, and 
think my self happy if while I have the administration of the government in 
my hands I can be Instrumental to make you a usefull & Flourishing Prov- 
ince. This was my first view, and is my determined aim, and it shall remaine 
unalterable until you put it out of my Power, which I hope you will carefully 
avoide. 

B. Wentworth. 

Province of New hampshire, 

Portsmouth, 14 th Jan v 1741-2. 

The House adjourn'd to the 15 th curr* a. m. 



Fry day, January 15 th A. I). 1741-2. a. m. 

Voted, That Messrs Jotham Gdiorn, Thomas Packer, & Geo. 

! Walton be a Committee of this House to joyn such as the Hon ble 

the Council shall appoint to audite all such accompts as shall be 

bro't in this Sessions, and to make return of their doings therein 

; Sent up. The House adjourned for 2 hours, p. m. 

P. M. Norriss' Petition read. 

Voted That Jotham Odiorn, Geo. Walton Sam 1 Gilman Esqs. 
; [p. 6] 6.] be a Committee of this House to draw up an answer to 
I his Excel vs Speech and make return for approbation. 

A Petition of the South part of Exeter read and voted as on 
I the Petition. 

The House adjourned to the 16 th curr* a. m. 



138 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Saturday, Jan. 16 th A. D. 1741. a. m. 
The House met. Exeter vote sent up. 
Adjourn'd to Monday 18 th curr*. 



Met — adjourned to the 19 th 



cure. 



. Tuesday, Jan. 19 th A. D. 1741- a. m. The House met 

A Mess a from the Board, viz. That Theo. Atkinson, Joshua 

Pierce and Richard Wibird Esqs were appointed Auditors of ac- 

compts. 

Adjourned for 2 hours p. m. 

P. M. Met — adjourned to the 20 th curr*. 



20 th Jan? A. D. 1741 —a. m. The House met. 

Elis Hirst (1) Esq. came into the House & delivered the Speaker 
the plan made by the Comiss rs & Explanation. 

Eod m Die. Jotham Odiorn Esq. bro't a letter from Gen 1 Went- 
worth to his Excels B. Wentworth about Recruits & a letter from 
his Excels to the House — all on file. 

The House adjourned for 2 hours p. m. 

P. M. The Committee for telling money Bro't £3797 : 2 : 9 
which was burnt. The House adjourned to the 21 st curr* a. m. 

The Committee for answering his Excell ys Speech, Bro't in their 
Draught which was read. 

A Petition for a new Parrish in Londonderry read. 

[p. 617.] The answer of the House of Representa* to his Ex- 
cell 3 * Speech. 

May it Please your ExceW 

We the Representative Body, his Majesties good subjects of the Province of 
New hampshire, Rejoice at the present op'tunity of manifesting to the world 
our hearty concurrence with your Excelly 8 gratefull sentiments of his Maj ties 
Royal Grace & Favour to this Province in the several important articles inti- 
mated in your Excelly 8 speech with others that might be Enumerated. Were 
we to Express the deep sense we have of his Maj ties great Goodness and our 
dutyfull acknowlidgments of his paternal regard to us in the particular in- 
stances thereof we should be inevitably drawn out to too great a Prolixity, 
for an Essay of this Nature. We hope those that will from time to time have 
the management of our Publick concerns will obtaine the divine direction & 
Wisdom & Prudence to improve all the Royal favors & every advantage for 
the best Interest of the Province. But we beg your Excell^ 8 Patience while 
we take particular notice of his Maj ties tender Compass 11 , consumate wisdom 

(l)Huske? 



1742.] JOURNAL OF THE HOUSE. 139 v 

& Exact Justice in bringing to a Judicial Issue an unhappy dispute between 
his subjects which had subsisted (as your Excels well observs) from time to 
time immemorial, the determination of which had been before often unsuc- 
cessfully attempted. The final settlement of this tedious controversie (in 
which it is notorious this Province was the suffering party) will for ever in- 
deare his Maj ties name & memory to all his faithful] subjects here, & be a 
standing monument to future Generations of his tender care & concern for 
their Peace & Tranquillity, & it is our Resolution to exert our utmost Powers 
[p. 618.] both in our Publick & Private capacities to perpetuate the remem- 
brance of that auspicious event by impressions of the highest gratitude in the 
minds of all those who Experience and feel the happy consequences of it. 

We cannot but esteem it a mark of his Maj ties Special Grace & Favour and 
which also calls for our particular acknowledgments on this occasion that he 
has been pleased to appoint one to Represent his Royal p'son among the Peo- 
ple who stands in a kind of natural relation to them, whose Interest is 
blended with theirs, & who is prompted by many motives besides natural in- 
clination to promote their welfare. But what still inhances the Favour is 
that their present Governor's Imediate ancestor long filled the chief seat of 
government amongst them, the memory of whose clement and mild adminis- 
trations will ever be deare to those who were so happy as to Experience 
them. 

At the same time we congratulate your ExcelP" on your happy arrival to 
your government, & bid you heartily Welcom, and we would observe, that it 
gives us a verry sensible pleasure (as we doubt not it does all y e good People 
of this Province) to see your Excelly. giving Express assurances from the 
chaire of your fixed purposes to conduct the Administration of the govern- 
ment comitted to your charge in such a manner as will best improve the Weal 
of those who live under the influence of it, and of imploying your utmost 
abillities in your advanced station not only for Protection and preservation of 
their present most valuable interests & enjoyments but also to heighten and 
augment them. For this we look upon our selves obliged in point of grati- 
[p. 619.] tude, in behalfe of those we Represent, to return your Excelly our 
unfeigned and hearty Thanks. As we are most firmly attached to his Maj ties 
p'son, Family and government, we are therefore Ready to Espouse his Quar- 
\ rel, & to engage with heart & hand with him against the comon Enemy, and 
| we are sorry that former attempts in this government to assist & do service 
in the present Warr with Spaine prov'd abortive, there being no Comissions 
l| sent into the Province for that service for which reason our men then ready 
1 did actually Inlist themselves in the other Governments for his Maj ties service 
j in that Expedition, and was Transported with others on the said service. 

We hope that what has been heretofore done, Respecting the observation 
t of the Publick Faith will in some degree facillitate your Excell- Vi Administra- 
| tion, and we shall carefully imitate and pursue those laudable measures which 
< have Issued so well, For we assure your Excelf v that we are firmly of opinion 
i that 'tis impossible a Government should long subsist in any tolerable circum- 
\ stances without a strict adherence to the Acts of Government and the punc- 
: ual observation of the Publick Faith. 

Your Excelly goes on to acquaint us with his Maj tics Coniands to you to 
| recomend the settlement of a suitable Sallary upon your self & successors, 
| and to put us in mind how former Assemblys have conducted themselves 
; upon this account — 

J To which we say, That as soon as we know what number of Inhabitants its 
likely will be added to us by th,e late settlem 1 of the Boundaries & how the 
money can be raised, we shall make as ample Provision for your ExcelP* 
Hon ble Support in the Government as we can in our present circumstances & 
as we judge will be agreeable to the minds of our Constituants. And we 
i [p. 620.] trust your Excellency will seasonably inform us what his Majesties 
I pleasure is Respecting future Emissions of paper currency that we may 
better be enabled to deliberate on this weighty Point, and whatever the situa- 
tion of our own affairs may be we will not knowingly presume to Transact 
) any matter so as to interfere with the interest of our mother contry. 

We shall with the utmost alacrity comply with all necessary tearms of car- 



140 PROVINCE OF NEW-HAMPSHIRE. [1742. 

rying the Kings Instructions touching the Boundarys between this and the 
neighbouring Province into Execution ; But here we beg leave to observe to 
your Excellencie, That the Province of the Mass stands obliged to beare one 
half of the charge of settling these Lines, That there is a considerable sum 
of money due from y t Province to this on that Score. We therefore pray 
your Excell>" to use your Interest to recover our just claime there, and in 
order thereto to pursue such measures as you shall think proper to that end, 
That we may be better able to Expedite that affaire and speedily to effect w* 
yet remains to be done with relation to those Boundaries. 

As to furnishing our Fortification with stores of war and doing what may 
be of public service by erecting of others, we can only say (at present) in gen- 
eral we shall take especial care of those affairs and make them a principle 
concern so far as thepublick safety makes it necessary, and will not neglect 
any means in our power that may be conducive thereto. 

When we are informed of the Principal Debts & who are the Creditors we 
shall not frustrate your Excellencies just Expectations respecting suitable 
Provision for the Discharge of them, [p. 621.] and while this is under consid- 
eration we shall not be unmindful of those who have been great Bennefactors 
to the Province by advancing such sums from time to time as the Exigencies 
of affaires demanded, — And under this Head we can't but confess the Great 
obligations we are under to our agent for his Fidelity & Indefatigable Industry 
and Labours in behalf of this Province. 

We trust this and all succeeding Assemblys as well as all private p'sons will 
be Ever ready gratefully to acknowledge his faithfull services. We shall as 
we are able shew our good will towards him, but as to making an adequate 
compensation wee cannot pretend to it at present, & indeed almost dispaire of 
seeing that Period in our time when the Province will be able to do it. Upon 
the whole we would repeat our thankfull acknowledgments for your Excell? 8 
reiterated Professions of being as it were devoted to the Publick service, and 
we assure your Excell v we have a lively sence how unbecoming & pernicious 
it is for the several Branches of Power in a Government to be divided by mis- 
understandings and mutual Jealosies. 

We shall therefore to the utmost of our Power Promote unanimity among 
ourselves, and a general Harmony & good agreement between all the Branches 
of the Government, nor shall we countenance any specious pretences to In- 
terrupt and destroy such a desierable Unity. 

Andrew Wiggin, Speaker. 

Jabez Smith's Petition for a Licen'd House read & voted s d Pe- 
tition be dismiss'd. 

[p. 622.] Londonderry Petition Read and voted, y* y e Peti- 
tioner serve the Selectmen of Londonderry to app r &c. this Ses- 
sions if sitting, otherwise the 3 d day of the next sessions. 

[Adj. from day to day, till] 
Tuesday, Jan. 26 th A. D. 1741-2. p. m. A Petition for Division 
of some lands wherein the late Thomas Thompson of London- 
derry Cler. Deceased was concern'd. Read & voted as .on the 
Petition: Adjourned. 



Wednesday 27 th the House met. Tuttle's Petition read & 
voted to lye for consideration. Adjourned. 



1742. 



JOURNAL OF THE HOUSE. 141 



[p. 623.] Fryday, Jan. 29 th A. D. 1841-2, a. m. The House 
met. Proceeded on the accompts & past on several. 

P. M. 

Voted — That a Mess a be sent to desier his Excell y to direct the 
Secretary to give a Certificate of the days of the sitting of Each 
Councillour in Gen 1 Ass m since April 1737, that the House may 
perfect the accompts. 

Voted, That Benj a Akerman be allowed & paid out of the Pub- 
lick Treasury the sum of twenty Pounds for Extre. Attend 3 . 

A Mess a be sent to his Excell y to know how his Instructions 
will admit of for making money to pay our Debtes &c. Ad- 
journed to the 30 th curr* a. m. 



Saturday, January the 30 th A. D. 1741-2. The House met. 

Voted, that Messrs James Clarkson, Sam' Gilman & Hunking 
Wentworth, be a Comittee of this House to joyne such as the 
Hon ble the Council shall appoint, to agree upon some method for 
Proportioning those p'sons that are fallen within the Lines not 
incorporated. Sent up 

[Adjourned from day to day till] 
Wednesday, Feb y the 3 d A. D.- 1741-2, a. m the House met, 
Theo. Atkinson, Esq. Bro't back the vote of the House of y e 

30 th Jan y ab* proportioning the Towns, &c, & bro't a vote of 

Council, viz. Jan y the 3 d 1741 a. m. 

I [p. 624.] In Council 

Feb u 3 d 1741-2. Voted, That Joseph Sherburn, Theodore At- 
| kinson & Sam 1 Smith Esqs. be of a Committee from the Council 
i to joyne with such as shall be chosen by the House of Represen- 
j tatives to prepare a bill for bringing the Poles and Estates into a 
Province Tax w ch falls within this Province by his Maj ties late Set- 
tlement of the Province Lines, and which have not as yet been 
Taxed within this Province. 

Rich d Waldron, Sec y . 

Eod m Die. In the House of Representatives, the above Vote 
Read & concurr'd & Voted, That Messrs Clarkson, Sam 1 Gilman 
& Hunking Wentworth be a Comittee from this House to Joyne 
the above Comittee for the End afores d . 

James Jaffrey, Cler. Ass m . 



The House adjournal for 2 hours p. m. 

P. M. 

The Treasurer's Accounts Debated on. 
The House adjourn'd to the 14 th curr 1 a. m. 



142 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Tuttle's Petition past on and sent up. 
' Mr. Mitch el & Briants accounts sent up. 

P. M. The House debated ab* making an Emission of Bills of 
Credit and what denomination & the Question was put to make 
money or not, it past in the affirmative. What value : It past at 
6 : 8 per oz. 

A vote past for the Gov rs Sallary. The affair was settled at 
the End of the Sessions. 

The House adjourned to the 5 th chit* a. m. 



Fryday Feb>' 5 th A. D. 1741-2, a. m. The House met, 

Voted, That a Mess a be sent to his Excell v to direct the Treas r 
to bring in his accompts from the last settlem 1 in the yeare 1737, 
to this time, of all money how applied according to the several 
£p. 625.] appropriations the House having resolved to receive no 
other. Sent up. 

Capt. Richard Hiltons petition read & voted as thereon. 

Capt, John Eyers Pet" Read & Voted it be Dismissed. The 
House adjourn'd for 2 hours 

P. M. 
A vote past for Payment of any sort of money for the Tax in 
the yeare 1742, but alterd afterwards. 
The House adjourn'd to the 6 th curr 1 a. m. 



Saturday Feb- V 6 th A. D. 1741, a. m. The liouse met, 
Ex r Petitioners Bill read, & read a 2 d time. 
The Treasurer was told by the House that they would receive 
no other accompt but according to the appropriations. 
The House adjourn'd to Monday the 8 th curr* a. m. 

[& from day to day till] 
Wednesday, Feb u 10 th A. D. 1741-2, a. m. 
Exeter Petitions Bill read a 3 d time & past to be Enacted. 
Londonderry Petitioners Bill read the first time. Read three 
times and past to be Enacted & both sent up. 
Adjourned for 2 hours, p. m. 

A vote past for a Bill to be Bro't in for Rateing those p'sons 
now added to the Government. Adjourn'd to the 11 th curr' a. m. 



Thursday Feb y 11 th A. D. 1741-2. A vote past for £375. 6: 8 
per oz. for Sallary Sent, Settled afterw d . 



1742.] JOURNAL OF THE HOUSE. 143 

A vote past to Raise as much of the 6 : 8 money as would pay 
y e Province Debts, & a vote for proportioning the Towns, &c. 
[p. 626.] The House adjourn' d for 2 hours p. m. 

P. M. Tuttle's Bill read. 

A vote past for striking money on a New Plate : an act made 
for it afterward. The House adjournal to the 12 th curr*. 



Fryday Feb> 12 th A. D. 1741-2, a. m. The House met, 
That whereas the Gen 1 Ass™ at their last sessions Voted £500 
for repaire of the South Platform, &c. in the Fort Wm & Mary 
& this House has sent a Mess* to the said Comittee for an accompt 
how the money has been disposed of, which Comittee refuses to 
render the House an accompt, Therefore voted. That Messrs 
Thomas Packer & Geo. Walton be a Comittee from this House 
to desier his Excell 5 ' to demand an accompt from s d Comittee and 
that his Excell y will be pleased to lay the same before the Gen 1 
Assembly. 

The House adjournal for an hour & a half p. m. 

P. M 

Sundry debates ab* the money to be Emitted 
The House adjourn'd to the 13 th curr* a. m. 



Saturday Feb. 13 th A. D. 1741-2. a. m. The House met, 

T uttles Bill sent up. Rochester Petition read & Voted as on 
the Petition. 

[Adjourned from day to day till] 
Wednesday, Feb y 17 th p. m. 

A vote past that all former Debts due from the Province shall 
be paid on after the R:ite of a new Tenour Bill of 6 : 8 shall pay 
28s old Debts. 

[p. 627.] A vote past as on tile for £375 or £1500 old Ten r for 
his Excell ys Sallary for the present year. This vote did not pass. 

Eod m Die. In 'the House &c. voted, That his Excels be pre- 
sented with the sum of five hundred pounds and paid out of the 
money Raised for the West India Expedition now in the Treasury, 
towards the charge he has been at in coming to the Governm 1 &c. 
and prays his Excelly 8 acceptance of the same & that his Excell v 
be desiered to Issue out his Warr* accordingly 



James Jeifry, Cler. Ass 1 



The House adjournd to the 18* 



144 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Thursday Feb y 18 th 1741-2, a. m. The House met 

The vote for the £500 sent up. 

The Treasurer's accompts laid before the House. Rochester 
.Residents Petition read & heard by Council and voted as on the 
Petition. 

P. M. Mr. Treasurer Sherburn was heard on his Ace* by his 
son Henry who appeared for him 

Messrs Hilton, Hurst & others Heard on the said Hilton's Pet n . 

A vote past that the late Treasurer be allowed in his accompts 
for payment of his Excelly Governor Belcher for so much of his 
last years half Sallary as till Gov. Went worth's arrival & Comis 11 
opened, viz. the 12 th of December, 1741. ' 

The House adjournal to the 19 th curr' a. m. 



Fry day, February the 19 th A. m. The House met. 

Some members moved to reconsider the Treasurers acc ts And 
the Question was put whether they would reconsider them or not. 
It past in the negative, 
[p. 628.] Feb* 19, 1741. 

These may Certifie, That the No. of dayes which the Council 
have sat in Gen 1 Court since the month of Ap 1 1787, are 765 Ex- 
clusive of the days of the present session Feb y 4 th 1741-2. 

R. Waldron, Sec y . 

In the House of Repretentatives, Feb. 13 th 1741-2. 
Voted to be paid 8s pr day old Tenor. 

J. Jeffrey Cler. Ass*. 

In the House of Representatives, Feb. 19 th 1741 — 
The annexed accompts, No. 1 to 6, of the Treasurer being Ex- 
amined in the House and debated upon, and Voted, That the said 
accompts be allowed in all the articles (Except the last 300£ 
paym* to the late Gov 1 ' Belcher which shall be but £177: 10: 6 
which is in full of his Salary during his Go verm 1 and the article 
for paym* of £282, to his Maj ties Council be for 705 Irom their last 
paym* at 8s pr day being part of the 765 dayes mentioned in the 
Sec ys Certificate bearing date Feb. 4 th 1741-2. Sent up. 

In the House of Represent 3 Voted That Joshua Pierce, Esq. be 
Recorder of Deeds &c. for the Province of N, Hampshire for one 
yeare from this time and until the end of the next sessions of 
Gen 1 Assembly after the yeare is up, and that he take and receive 
for every Deed he records two shillings and six pence for his at- 
testation thereon and the like sum for Every copy he gives and 
no more. 

J. Jeffrey, Clr. Ass m ." 



I 1742.J JOURNAL OF THE HOUSE. 145 

The vote of the 17 th curr* about the money, put to vote whether 
| the House would Reconsider it or no. It past in the affirmative. 
i Then the Question was put If the House did adhere to the vote 
! of the 17 th curr*. It past in the neg e . Then the question was 
I put, What the old money & old Debts should be p d at. It past 
I [p. 629.] that ali the Money of this Province should pass alike, 
| viz. The new Bills to be counted four shillings for one in all 
j paym t8 . The House adj d for 1 hour p. m. 

Post M. In the House of Representatives. 

Voted, That Messrs Richard Jennes, James Clarkson & Geo 

j Walton be a Comittee of this House to joyne such as the Hon ble 

the Council shall appoint, to let out the Excise on Liquors by 

Vendue to the highest bidder from the 15 th of 9 br last past for two 

years. 

In the House of Represent. 
Voted, That there be paid to each one of his Maj ties Council for 
every day of their sitting in Gen 1 Assembly the sum of three 
shillings Bills of Credit of the new Tenor, and to each Represen- 
tative while sitting in the Gen 1 Ass" 1 two shillings & six pence pr 
day of the like money to comence from the first day of this ses- 
sions, both Councillors and Represent, to be paid out of the 
Treasury, The Councillors by Certificate from the Secre y and the 
Representatives on Certificate from the Cler. of the Ass m and that 
an Act be drawn up accordingly. 

J Jeffry, Cler. Ass m 

Eod m Die, Voted, That Mr. Speaker Wiggin, James Clarkson 
& George Walton, Esqs. be a Comittee of this House to Joyn 
such as the Hon b,e the Council shall appoint to signe of the new 
Bills now to be struck off part of the £6000, at 2 1-2 pr ct old 
Tennor. 

The House adjourn'd to the 20 th curr* a. m. 



Message of Gov. Wentworth to the House, February 20, 1741-2. 

[Copied from MS. "Gov 8 Messages" in Secretary's office, p. 229.] 
Gentlemen — 

I have given your vote of 17 th Instant its due consideration, and find it so 
mconsistant with his Majesties Instructions, so far short of an Honourable 
and ample provision for my support, that I can by no means accept of the 
grant you intend to make me. By your vote, the Sum you pray me to accept 
of, will be what I am to expect for my services till the end of the year 1742, 
which will be near sixteen months, which I apprehend is what the house did 
not intend, and was overlookt in drafting the vote : Therefore I send it down 
hoping you will think it worthy your re-consideration. But had your vote 
been never so full, and even a more ample provision than you have made, it 
is not in my power to accept of it in the way you desire, nor in any other way 
but by an Act of settlement, which no Government under the Crown have 
refused (in obedience to his Majesties commands) to comply with, and which 
10 



146 PROVINCE OF NEW-HAMPSHIRE. [1742. 

this Province hitherto have not denied to any of my predecessors. This rea- 
sonable compliance with his Majesties Instructions has been a means to 
obtain you great favours, and if from a contrary behaviour this Assembly 
should forfeit the Royal favour it would be doing the greatest Injury to the 
people you represent, and be a means of puting it out of my power ever to 
ask for or obtain the least indulgence for the Province in future. I am very 
far from desireing to enter into any contest with the House of Representa- 
tives on this or any other subject, but this so nearly concerns the Honour of 
the Crown, the Prosperity of the Province, and the peace of its inhabitants, 
that I should stand highly chargeable with want of duty to my Royal master 
should I give up so tender a point, and I am apprehensive no gentleman in 
the Assembly can expect or desire it from me. 

I would recommend to you that an Address be made to his Majesty for such 
small arms, great Guns and other war like Stores as shall be wanting for his 
Majesties Fort William and Mary, and are not to be purchased in this country, 
which (if you make provision for the repairing of said Fort in any Act you 
may make) I have great expectation I shall obtain. 

B. Wentwokth. 

Council chamber 20 Feb>' 1741-2. 



Saturday Feb y the 20 th a. m. Anno D 1 1741 — the House met. 
A vote past for an additional Excise : an act made for it. 

Eod m Die, Voted That a Mess a be sent to his Excell y , praying 
[p. 630.] That he would be pleas'd to lay a copy of his Instruc- 
tions relating to his Sallary, and also the Instruction about Emis- 
sion of Bills of Credit before the House, that so they may have 
recourse to y m as they formerly had to other Govern 1 ' 8 Instruc- 
tions on the like occasions, which will prevent any mistakes in 
their future proceedings. 

Mr. Stanions Petition read & voted as on the Petition. 

The House adjourn'd to Monday the 22 d cUrr*. 



Monday Feb y the 22 d , A. D. 1741 — . The House met. 
The House adjourned to the 23 d curr* a. m. 



Tuesday Feb y 23 d , A. D. 1741— the House met. 

Several votes for paym ts allowed as in the supply Bill. A vote 
past for paym* of Cons 1 Barter of Boston £15, for his care & Di- 
ligence in Detecting some persons for counterfeiting our ten shil- 
lings Bill & taking the Plates in the supply Bill. 

In the House, Ordered That there be sum sent for the 5 mem- 
bers that are wanting to app r at 10 th' clock tomorrow. 

The House adjourn'd to the 24 tb curr* a. m. 



1742.] JOURNAL OF THE HOUSE. 147 

Wednesday Feb y 24 th A. D. 1741— a. m. The House met. 

Jabez Smiths Petition Read & heard by his Council & the 
House having considered thereof, Voted, y* y e Pet n be Dismist. 

A vote past for additional Excise — past into an Act. 

John Shackford's Pet n read & voted to serve the Selectmen of 
Newington. 

P. M. Several members wanting, the House adjourn'd to the 
25 th curr'. 



Thursday, Feb. 25 th A. D. 1741— a. m. The House met. 

A vote past for paym* the Rev d Joseph Whipple of Hampton 
Falls, £20 for the use of his House &c. when the Ass m sat there. 
His Excell y sent the Instructions desired by the House, Entred in 
y e beginning of this Book (1). 

P. M. Canterbury Petition Read & voted as on the Petition. 

[p. 631.] A vote allowing Elez. Russells acct. in full £7 : to y e 
20 th Feb y 1741-. Allowed Wm. Ayers £5, for carrying Proclam a . 

In the House &c. Voted That the Treasurer is hereby fully Im- 
power'd to sell the Land within mentioned to the highest Bidder 
by publ k Vendue, And to give a Deed or Deeds for the same, & 
the sale thereof is hereby warranted good, and that an act be 
drawn up accordingly & a copy of the Execution as Return'd 
be got in order to Draw the act, Entred on the Back of the Sher- 
rifs return of Vaughan's Land. 

The House 'Adjourn'd to the 26 th curr* a. m. 



Fryday Feb y 26 th A. D. 1741—, a. m. the House met. 

A vote Past for Proportioning the Towns, past & assented to. 

P. M. Upon Reading Mr Sam 1 Palmers letter to be Dismiss'd, 
Voted That at his request he is Dism d & That a precept be sent 
to the select men of Hampton to make choice of another in his 
Roome. 

The House adjourn'd to the 27 th curr*. 



Saturday, Feb y 27 th A. D. 1741— a. m. the House met. 

An order sent to the Hansons to appear <fce. Another to John 
Plaisted, Esq. to appeare ab't the £5384. Canterbury Petition 
voted on & sent up. 

Then the House adjourn'd to March the first 1741-2. 

(l)The Instructions referred to are identically those given to Gov. Belcher, which see 
Vol. IV., pp. 535.— Ed. 



148 PROVINCE OF NEW-HAMPSHIRE. [1742. 

[Met and adjourned.] 

Tuesday March the second, A. D. 1741 — a. m. the House met. 
A Mess a came that the Council had Past on the vote for selling 
Vaughans Land. 

P. M. Mr. Blunt (1) came into the House and prayed he might 
be heard on an old accompt he had ag* the Province ; there not 
being a House, It was put off for further consideration. 

[p. 632.] The House adjournal to the 3 d March curr*. 



Wednesday, March the 3 d A. D. 1741—. The House met. 

The Sherrif made return that Mr. Thos. Elkins was chosen a 
Representative for the town of Hampton. 

Mr. Atkinson bro't a Written Mess a from his Excell y , gave it 
Mr. Speaker & return'd. The Message read & is on file. 

Message of Gov. Wentworth, 3 March, 1741-2. 
[Copied from MS. " Gov rs Messages," in Secretary's office, p. 231.] 

Gentlemen of the Assembly 

On the 13 th of Jan^ last I met the Generall Assembly, and tho' from the 
uncertainty of the weather and difficulty of the season, you have met with 
some interruptions, yet you have had sufficient time to do the weighty and 
important affaires of this Session, I mean settling a Publick Revenue for the 
support of his Majesties Government, which hitherto you have not made one 
effectual advance towards. The conduct of the Assembly on this occasion is 
the more surprizing to me, "since you have had recent instances of his most 
Sacred Majesty's Paternal care of his subjects in this Province, you have had 
the most distinguishing marks of the Royal favours confer' d on you, and you 
have had from me, the way paved out, to obtain greater and more lasting ad- 
vantages and if from an absolute refusall to obey the Kings Commands con- 
vey' d to you by his Governor, you manifest your ingratitude for past favours, 
you will forfeit your right, or put it out of my power to ask what you so much 
stand in need of in future, & the bad consequences attending your disobedi- 
ence must rest on you as well as the evils, which must necessarily follow, 
and you will stand wholly chargeable therewith. 

Gentleme?i, Be assured on this point (and don't suffer yourselves to be de- 
luded or misguided) that you are contending with the Crown, and not with 
the Governor, and that your non-complyance with my request as the Kings 
Representative, will be Esteemed by his Majesty as the highest act of disobe- 
dience, and therefore if you are religiously inclined, you will think it your 
duty to obey your Sovereign ; if you are disposed to peace, you will pursue 
the things that tend to peace, and if you are friends to your Country, you will 
guard against the evils that threaten her destruction. 

B. Wentworth. 

Portsm March 3 d 1741-2. 

P. M. 

Rochester Act Read 

An act for Proportioning the Settlements on the North of the 
Mass a Line &c. past to be Enacted. 

(l)Eev. John Blunt was minister at New Castle.— Ed. 



1742.] JOURNAL OF THE HOUSE. 149 

Messrs Todd & Walton paid their 5s fine for being absent this 
afternoon without leave. 
The House adjourn'd to the 4 th eurr*. 



Thursday, March the 4 th A. D. 1741—. The House met. 
Capt. Walker's Petition ab* Vaughan's Land read. 
Mr. Tho s Elkins took the oaths app d to Quallify him. 
P. M. The Hansons app d & said they were ready to pay y' 
money if the Entaile upon the Land was taken off*. 
The House adjourn'd to the 5 th curr*. 



Fryday Mar. 5 th A. D. 1741-2 a. m. The House met. 

The House debated about settling the Sallary. 

A vote past ab l the sum for Sallary, But not acted further. 

P. M. 

Barrington & Mr. Blunt's Petition read. 
The House adjourn'd to the 6 th curr*. 



Saturday March the 6 th A. D. 1741-2, a. m. The House met. 
A written Mess a from his Excell y ab f the Sallary read & is on 
file, & 2 votes return'd ab* the Sallary with the Mess a . 
A vote for Additional Excise sent up. 
The House adjourn'd to Monday the 8 th curr 1 . 



[p. 633.] [Met & Adjourn'd to] 

Tuesday, March the 9 th A. D. 1741—, a. m. 
A written Mess a from his Excell y sent down ab* the Sallary and 
Read, as on file & 2 votes ab* the Sallary Return'd. 

Message of Gov. Wentworth, March 9 th 1741-2. 

[Copied from MS. " G-ov rs Messages," in Secretary's office, p. 235.] 

Gentlemen of the Assembly 

Your votes of the 6 th Instant regarding the Revenue you intend for my 
support is far short of my expectations and so full of uncertainty^, that I 
would recommend it to your further consideration, hopeing you will Judge 
impartially on the affaire which more nearly concerns you, as the representa- 
tive body of the People, than it do me. In both your votes I only desire such 
amendments as will be for your honour, and render them clear and intelligible 
to those that will Judge more clearly of their perfection than I can pretend to. 



150 PROVINCE OF NEW-HAMPSHIRE. [1742. 

You will observe that the £6000 to be Emitted is for the support of Gov- 
ernment, and it will appear very strange in the eyes of the ministry, that I 
should sign an Act for that sum wherein you have only made provision for 
£250 for my support, which is all that you certainly can depend upon, and 
which no Gentlemen in the House can think an Honourable Support. 

In the £25,000 vote, you likewise provide for my further support £250 more, 
which I hope you will likewise reconsider, and make a reasonable addition to r 
either in one or both, as you shall Judge most convenient : For if I should 
obtain the £25,000 it will be a certain revenue to the Government of £1500 
pr Annum, and out of both these bills, I hope you will think it reasonable 
and Just I should be Honourably supported, and if you equally divide the 
whole sum upon the two bills, it will appeare that you have done what you. 
were able, and will manifest your disposition to do more if it was in your 
power, all which may be effected without laying any burden on the people 
which I am far from desireing. 

B. Wentwoeth. 

Portsmouth, March 9 th 1741-2. 

A Pet n of the Inhabitants of Gosper read. Mr. Shackford's 
Petition sent down for heareing Wm. Vaughan's Petition sent 
down. 

P. M. 

The Gosper People heard by the Council, & after consider! 
Voted to be dismiss'd. 

The House adjourn'd to the 10 th curr*. 



Wednesday March the 10 th A. D. 1741—, a. m. The House met. 
Elish a Plaisted Petition sent Down. 

In the House, Voted that a Mess il be sent to his Excell y in an- 
swer to his Excell ys Mess 11 of the 9 th curr*. 

May it please your Excels, 

We have seriously considered & with great deliberation have weighed what 
your Excelly is pleased to observe to us with respect to your Sallary, and find 
that upon the wbole, considering the distressing circumstances of our Con- 
stituants, we cannot proceed to grant any further allowance to your Excelly as 
a Sallary than what is mentioned in the votes herewith sent and therefore 
pray your Excelly* acceptance thereof, agreeable as mentioned in the said 
votes that so we may proceed upon Business. 

J. Jeffry, Cler. Ass m 

Sent up with the vote that was return'd of the 6 th curr* & 1 of 
this day. 

P. M. Elisha Plaisted came and gave his & Mark H. Went- 
worths Bond for the paym* of £83 : 10 : 8 Due from his Father 
15 May next, the Bond put into the Speaker's hands. 

Plaisted's Petition for a new survey granted with liberty to 
Bring in his Bill. 

[p. 634.] Shackford heard on his Petition and voted the 
Prayer of the Petition be granted. 

The House adjourn'd to the 11 th enrr*. 



1742.] JOURNAL OF THE HOUSE. 151 

Thursday March the 11 th A. D. 1741-2, a. m. The House met. 
Mr. Atkinson bro't a Mess a from his Excell y & read it, & left it 
which was read in the House as on file. 

His Excellency's Message. 
[Copied from MS. " Gov rs Messages," in Secretary's office, p. 237.] 

Gentlemen of the Assembly 

Your Message of the 10 th I have given its due consideration, in which you 
are pleased to say that considering the distressing circumstances of the people 
(which I assure you I have a great regard to) you are not able to make any 
further allowance, and since that is your determination, you will think it 
reasonable to make your votes clear, so as not to admit of any doubt and that 
the sums therein mentioned, if you don't think proper to make any addition 
thereto, may be fixed on me during my administration, as it will be much 
easier to alter votes than long acts. 

The great dispute with me is whether if I should consent to the present 
votes and they pass to be enacted, whether the King will think his Instruction 
has due obedience paid to it. That is, Whether the sums contained in the 
Acts wiU be esteemed a competent Salary for the support of the King's Gov- 
ernor. If you think it will, I shall the more readily come into it. 

You must observe that the £6000, I have the kings leave to issue for the 
support of Governm* only, is by your vote wholy wrested out of my power, 
& that I think you ought in some shape or other to make some provision for 
me out of that mony at least for the present. 

What I desire is that you may make the necessary alterations in the votes 
by which the Act is to be drawn, If you don't think it just to make any addi- 
tion, especially if you consider that the Grants you make me will be paid 
without any tax on the people & they will have an overpluss if the bill suc- 
ceeds for other purposes, so that on that account you can have no complaint 
I have sent down pr Mr. Atkinson the votes, with the Message, which he will 
wait the doing of & return to me ; — your complyance will put a speedy end 
to the session & be a means of making the Province easy & happy. 

B. Wentwokth. 

Portsmouth, 11 th March, 1741-2. 

Upon Elisha Plaisted giving the Bond as abovesaid, 

Voted, That John Plaisted, Esq be discharged from all demands 
as Trustee for exchanging the old Cypher' d money. 

Samuel Graves Petition read. 

P. M. Mr. Blunt was heard on his Petition by Council. 

Mr. Win. Vaughan was heard on his Petition by his Council. 

Voted, That Messrs James Clarkson & Plunking Wentworth be 
a Comittee of this House to joyn such as the Council shall ap- 
point to Enquire into the claims and accompts ot Win. Vaughan 
on ace* of what due to his father George Vaughan, Esq. wdiile he 
was Leu* Governor and also to Enquire why the former Assem- 
bly's did not answer the said Geo. Vaughan in his life time ; and 
make Report of their doings to the Gen 1 Ass 111 next Sessions of 
the Gen 1 Assembly. 

Then the House adjourn'd to the 12 th curr*. 



152 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Fryday March the 12 th A. D. 1741—. The House met. 

Voted, That Ebenezer Stephens, Esq. be a Comittee of this 
House to joyn such as the Council shall appoint to call the first 
meeting of the Inhabitants of the new Districts & to Govern the 
same. 

Barrington Petition read and voted part of it Granted as on 
the petition, and the Petitioners have liberty to bring in y r Bill. 

Voted, That Major Peter Gillman, Messrs Jotham Odiorn & 
Tho s Packer be a comittee of this House to waite on his Excell y 
to know if he accepts the votes of this House relating to His 
Sallary. 

[p. 635.] P. M. Mr. Atkinson came with a Mess a from his 
Excell y w th the vote of the House on y* p* of y e Sallary that was 
to come out of the Interest of the £25000 to reconsider the same. 
[This Message is not found on record.] 

A new order to the Exec 1 '* or Adm rs of the late Rev d Mr. Thom- 
son of Londonderry to appear &c. 

A new vote on Shackford's Petition made 

The House adjourn' d to the 13 th curr 1 . 



Saturday, March the 13 th A. D 1741— a. m. The House met. 

Voted That on condition his Excell y accept the votes for his 
Sallary, then to be presented with one hundred twenty-five 
pounds in Bills Equal to Proclamation money, out of the six 
thousand pounds now to be made. 

Several votes Past on Mr. Blunts affaire as on file none being 
concurr'd above. 

In the House of Representatives, Mar. 13 th 1741—. 

Whereas the sum of £6000 in Bills of Credit Equal to Procla- 
mation Money that is to be emitted for the service of this Gov- 
ernor* will help as to the discharging of our present Debts, yet it 
will be utterly insufficient to rep aire his Maj ties Fort Win & Mary, 
Build Block Houses & sundry other things that will be of abso- 
lute necessity for the present defence of his Maj ties Governm*, hav- 
ing a large Frontier to defend besides the carrying on the settlem* 
thereof, And altho' this House would be willing to give a more 
Hon ble support to his Maj ties Governor than our present circum- 
stances will admit of and are utterly unable to do unless his Maj- 
estie will be pleased gratiously to condescend to a further Emis- 
sion of Paper Currency not exceeding £25,000 in bills of credit 
equal to Proclamation money : 

[p. 636.] Wherefore Voted, That there be a Bill bro't in with 
a suspending clause therein deferring carrying the same into Exe- 
cution until his Maj ties pleasure be had thereon, so that if his 
Excelly. shall obtain his Maj ties Royal Assent for the Emission of 



1742.] JOURNAL OF THE HOUSE. 153 

£25,000 in Bills of Credit Equal to Proclamation money to be let 
out in the several Towns in Proportion for ten years at the Rate 
of six pr ct pr Annum, and that the Interest arising therefrom 
shall be granted to his Maj tie for and towards the support and de- 
fence of the Province as shall be Provided for by the Gen 1 As- 
sembly in the Act : 

And Whereas from the distressing circumstances the Inhabi- 
tants are at present in, the assembly can't without oppressing 
their constituents Grant to his Excell y a sallary Equal to support 
the dignity of his office, in conformity to his Maj ties Instructions, 
unless his Maj tie is pleased to give his Royal assent that this Bill 
shall be carried into Execution, 

Therefore, That his Excell y may be more Hon bly supported 
j than it has been in our power to provide for before, 

Voted, That out of the Interest arising from the £25,000 afore- 
j said, as soon as so much shall become due, there be paid to his 
Excell y Be.nning Wentworth, Esq. Governor & Comander-in- 
Chief &c. the sum of £250 in Bills of Credit equal to Proclama- 
tion money as sallary for his further and ample support as Gov- 
ern 1- to be paid annually as it becomes due & to comence the 12 th 
of X br 1741, and to abide & remaine during the continuance of 
the said act of £25,000 & that a bill be drawn up according. 

J. Jeffry Cler Ass" 1 . 

[p. 637.] A vote past appointing Mr. Stephens, Jennes and 
Walton to call the first meetings of the new districts & to gov- 
ern the same, and that they be paid each of them 25s pr day out 
of the Treasury. An act afterw d made. 

The House adjourned to Monday the 11 th curr 1 11 o'clock. 



[Met & adjourned to Tuesday, Mar. 16 th — and again to] 
Wednesday, March 17 th A. D. 1741—. The House met. 
Voted, That the following Mess 11 be sent to the Council, viz. 
To know if they have past on the grant to his Excell y and what 
is done on the other Acts sent up, for the House cannot proceed 
to make up a supply Bill until those grants and accompts are past 
upon. 

Benj il Akerman allow' d Express money, £4 : 10s. 

In Council Mar. 17 th 1741 — 
That a Bill be presented in addition to the Act Entituled an act 
for granting unto his Maj tie an Excise on several Liquors, in w ch 
shall be granted to his Maj tie an additional Excise for the space of 
three years from the 15 th May next, which addition shall be M to 
be p d by the Taverners & Qd for the Retailers for each Gall" of 
Wine, Ruin & other spirits which they shall sell & the addition 
for Perry & Cyder shall be 12d pr bbl, the Excise to be paid in 



154 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Bills according to their present vallue, or other Bills equal thereto 
& that the Penalties be doubled in the said additional act, & con- 
tinued double during the continuance of the s d add 1 act & no 
longer. 

R. Waldron, Sec y . 

P. M. In the House &c. the above vote of Council Read & 
non concurr'd unan 1 & sent up. 

Capt. Wallensford had liberty to be absent on Extraordinary 
Business. 

[p. 638.] Two Petitions for & ag st the new Parrish in Ex r 
Read & voted to be heard the 3 d day of the next sessions. 

The House adjourn'd to the 18 th curr*. 



Thursday March the 18 th A. D. 1741—, a. m. the House met. 

A Petition of Salathiel Denbo for a Pension read & Voted, 
That there be paid the said Salathiel Denbow out of the Publick 
Treasury the sum of twenty five pounds for and as a pension for 
the live years past and five pounds pr annum for three years to 
come, if he lives so long. 

J. Jeffry, Cler. Ass m . 

The Act for Proportioning the additional Settlements sent up. 

The Petition ab* the Rev "Mr. Thomas [Tomson's] estate Read 
& parties heard and voted as on the Petition. 

Canterbury Act past & sent up. • 

A Mess 3 pr Mr. Atkinson That the Council had past on the 
Grants made to his Excell y & y* he had assented to it. 

A vote past for paying each member of the Council 3s. 9d. & 
each Representative 3 s pr day while sitting in the Ass m new 
Tenor, viz. 

In the House of Representatives, Mar. 18, 1741 — 
Voted, That there be paid to each one of his Maj ties Council for 
every day of their sitting in Gen 1 Ass m the sum of three shillings 
& nine pence in Bills of credit of a new Tenor proposed to be 
made equal to Proclamation money. And to Each Representa- 
tive while sitting in Gen 1 Assembly three shillings of the like 
Bills from the first day of the present sessions & that sum both 
to Council & Ass m to be in full for each days service as aforesaid. 
The Councillors and Representatives to be paid out of the Publick 
Treasury, The Councillors by Certificate from the See 7 & the 
Represent 8 on Cer* from y e Cler. Ass m any Law, usage or custome 
to the contrary notwithstanding. 

J. Jeffry, Cler. Ass m . 

[p. 639.] The House adjourn'd to the 19 th currt. 



1742.] JOURNAL OF THE HOUSE. 155 

Fryday March 19 th A. D. 1741 — , a. m. the House met. 

In the House of Representatives. Whereas there has been 
some disputes about the Commissioners in the Treasurers ac- 
compts formerly, And for preventing any such for the future, 

Voted, That the Treasurer for the Time being for y e future be 
allowed and paid out of the Treasury of the Province for three 
years from the 25 th of March curr* for his service as Treasu r , and 
no more, the sum of Fifty Pounds pr annum in Bills of Credit 
equal to Proclamation money. 

J. Jeffry, Cler. Ass m . 

Eod m Die. In the House of Representatives, Voted the 13 th 
That his Excels be presented with the sum of £125 Bills of Credit 
out of the six thousand Pounds now to be Emitted equal to 
Proclamation money. Sent up. 

Voted That there be paid out of the Publick Treasury to Theo. 
Atkinson, Esq. for his Journeys to Boston, ab 4 the affaire of the 
Lines, his attending & pleading before the Comiss rs at Hampton, 
two journeys to York ab* the counterfeit Bills of Credit of this 
Province, the sum of twenty-five Pounds in Bills of Credit equal 
to Proclamation money, in full for said services. Sent up. 

Rob* Boyce Esq. Petition for sale of minors Land Read & Dis- 
miss'd. 

Abigal Briard Petition read & granted. 

P. M. A vote for Mess rs Clarkson & Gillman to draw up acts. 

The Hanson Bro't in their money and paid it in the House & 
Voted that Maul Hanson, Jon a. Hanson & Vincent Fan* are 
hereby discharged of & from all demands of the Government for 
or concerning the £200 Borrowed by Rich d Gerrish, Esq. 

[p. 640.] A Petition from Maul & Jon a Hanson for Docking 
an Entaile on the aforesaid Land they paid the money for. Read 
& voted the Prayer of the Peti n be granted & leave to Bring in a 
Bill accordingly. 

The House adjourn'd to the 20 th curr*. 



Saturday March 20 th A. D. 1741—, a. m. the House met. 

Voted, That Geo. Jaffrey & Jotham Odiorne Esqs. be allowed 
& paid out of the Publick Treasury so much as will make y m 
equal to the other Councillors for their attendance on the affaire 
of the Lines at Hampton. 

The Mem of the Judges of the Sup r Court read & voted that 
there be paid them & others in the Memoriall the sum of £75 : 
15: 3. 

A vote past for lodging the Commis rs Court Papers with the 
Clerk of the Ass m , past, but non-con curr'd at the Board. 

The Hansons Bill Bro't in read & past to be Enacted. 

That and the Judges &c. allowance, sent up. 



156 PROVINCE OF NEW-HAMPSHIRE. [1742. 

A vote past for £72 to be paid the Town of New Castle in full 
for w 1 they claim'd by a vote of Gen 1 Ass m 28 th May 1720. 
The House adjourn 4 to Monday the 22 d curr*. 



[Met & adjourned to] 
Tuesday, March the 23 d , 1741—. 
In the House of Represen ts Voted, That Messrs Thomas Packer 
& Jotham Odiorn be a Comittee of this House to joyne such as 
the Hon ble the Council shall appoint to make up & settle the ac- 
compts of the charge of the Comission & of the Commiss rs & 
[p. 641.] other charges on the settlem* of the Boundary Lines ac- 
cording to his Majesties Judgm* & final determination in Council, 
and to receive all such sum and sums of money as are due, and 
upon Receipts, Legall acquittances & discharges to give in behall 
of the Government of New Hampshire, & what money they re- 
ceive to be put into the Treasury, & there to lye until it be or- 
dered out by the Gen 1 Assembly. (1) 

J. Jeffrey, Cler. Ass m 

New Castle vote & Bill sent up. No further acting on it. 
A vote for a Comittee to apprize the Species. 
Capt. Walker's Petit 11 & vote all sent up. 

P. M. The Treasury Bill & Denbow's Pension concurr'd above. 

Mrs. Abigal Briards Bill & Londonderry Bill bro't & read. 

Voted, That Mr. Thomas Packer be a Comittee of this House 
to joyn such as the Hon blc the Council shall appoint to demand 
all the old Plates that Bills of Credit has been struck of from and 
bring the same Plates into the Gen 1 Assembly that they may be 
disposed of or deposited in some safe hands as the Gen 1 Ass m shall 
order. Sent up. 

The House adjourn'd to the 24 th curr*. 



Wednesday, March the 24 th A. D. 1741— a. m. The House 
met. 

An additional part added to the vote of 23 d curr* for Messrs 
Packer & Odiorn &c. to accompt with the Mass a &c. viz. add — 
And his Excel y is hereby desiered to write to and* recomend the 
affaire thereof to his Excell y Gov. Sherly earnestly to expedite the 
same. Sent up. 

Eod m Die. Richard Wibird, Esq. bro't down the same Vote 
with the concurrence of the Council thereon, viz. 

In Council, Mar. 24 th 1741. The above vote read & concurr'd 
& Voted That Geo. Jaffrey & Theo. Atkinson, Esqs. be a Comit- 

(1) See further vote on Wednesday, 24th current.— Ed. 



1742.] JOURNAL OF THE HOUSE. 157 

tee from the Board to joyne the Comittee of the House in the af- 
faire afores d any 3 to be a Quorum. 



In the House Read & Concurr'd 



Theo. Atkinson, Sec y . 



J. Jeffry Cler. Ass m . 



[p. 642.] P. M. Hanson's Bill for Docking an Entaile- on 
Gerrish's Land they Bo't. Sent up. 

Voted, That the Inhabitants of this Prov : for their Province 
Tax for the yeare 1742, have liberty to pay the same to the Con- 
sta b,s or Collectors that shall be impowered to receive the same, in 
Bills of Credit of this Province of a new Tenor to be Emitted 
this Sessions equal to silver at 6s. 8d pr. oz. And that the several 
constables & collectors in the several Towns & Districts in this 
Province may receive the said Province Tax in the aforesaid Bills 
of this Province or of the Mass a Bills, aforesaid, And that one 
shilling in any of the said new Tenor Bills shall be equal to fower 
shillings old Tenour Bills of this Province, & so in proportion to 
a greater or lesser sum they shall receive, And that the Treasurer 
shall receive the aforesaid Bills of the said Constables or Collec- 
tors at the Rates as aforesaid, and that the aforesaid Bills when 
Bro't into the Treasury shall be for a Fund for the Exchanging of 
the old Tenor Bills of this Province, And that the Treasurer shall 
Exchange the New Tenor Bills at the Rates aforesaid for the old 
Ten r Bills of this Province in order to be burnt. And the Treas- 
urer when he shall make out his Warrants for the Province Tax 
aforesaid, shall make out his Warrants accordingly. 

James Jeffrey Cler. Ass m 

Concurr'd above y c 26 th & As'en' 1 to April 2 d . 
A vote for £100 to Excell y for House rent, sent up, But 
return'd. 

The House adjourn'd to the 25 th curr*. 



[p. 643.] Thursday, March 25 th A. D. 1742, a. m. The House 
met. 

Voted That the Towns of Chester, Rochester & Nottingham 
& Barrington be ordered to bring in their accounts of their Rate- 
able Estates in the same manner as the other Towns do in order 
for their being Bro't into the new Proportion. 

P. M. Capt. Walker & Mr. Vaughan were heard & the affaire 
of the Entaile on s d Vaughan's Estate & the Heirs apparent were 
heard. The Prayer of the Petition granted & leave for a Bill. 

The House adjourn'd to the 26 th curr*. 



158 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Fryday, Mar. 26 th A. D. 1742, a. m. The House met 

A vote past to pay 40s Proclam a mony pr annum to New Cas- 
tle, But not ended. 

P. M. The Additional Excise Act Read 3 times & past to be 
Enacted & sent up. 

The House adjournd to the 27 th curr'. 



Saturday March 27 th A. D. 1742, a. m. The House met. 
In the House of Representatives. 

Whereas John Thomlinson of London, Esq. having for many 
years past had the care & charge of all the affairs of this Province 
at the Court of Great Brittaine, which he hath ever mannaged 
with the greatest prudence & success, Wherefore Voted, That the 
said John Thomlinson have 'the thanks of this Goverm* for the 
unwearied Paines & Difficulties he hath been at, in Prosecuting 
& Defending our cause at the several Boards in Great Brittaine, 
and that as Instance of our Great regard for his p'son & services, 
Voted that there be remitted him the sum of £100 sterling, which 
he is hereby desiered to accept as an acknowlidgm* of our obliga- 
tions to him till we shall be able to make a more ample reward & 
[p. 644.] that Messrs. Tho s Packer & Jotham Odiorn be a Comit- 
tee to draw the same out of the Treasury and Purchase a Bill of 
Exchange in Sterling money as soon as the Treasury shall be 
supplied and remitt it to him. 

James Jeffrey, Cler. Ass m . 

In the House of Representatives, Mar. 26 th 1742. 
Voted That John Thomlinson of London in Great Brittaine, 
Esq. be desiered to continue Agent for this Province, And he is 
hereby constituted and appointed Agent of this Province at the 
Court of Great Brittaine in all affairs that concerns the Province 
of New hampshire from time to time, as any thing may offer & he 
may have advice to Prosecute any affaire at any time. Sent up. 

James Jeffrey, Cler. Ass m 

An Act for settling £250 Proclamation money for his Excell ys 
Sallary Read 3 times and past to be Enacted. 

Voted, That there be paid out of the Publick Treasury the 
sum of twenty pounds to the Comittee appointed to call the first 
meetings in the new Precincts added to the Goverm* towards 
their pay. 

The Act for paying Taxes in our & Mass a Bills read 3 times & 
past to be enacted. 

An Act for putting the Money raised by Excise (above 250£ 
granted his Excellency) into the Treasury. 

An Act to ascertaine the value of money Read 3 times and 
past to be enacted. 



1742.] JOURNAL OF THE HOUSE. 159 

The Treasury Bill read 3 times and past to be Enacted & En- 
gross'd. All the above sent up. 

Voted That the Comittee for signing & Imprinting the £4220 
that is to be Emitted this Sessions in the supply Bill have power 
[p. 645.] to strike of & Imprint £1280 besides what is to be 
Emitted this Sessions 1-4 part on the small Plate and 3-4 pts on 
the large Plate and that they put the said sum of £1280 Blank 
into the Treasury, taking the Treasurer's rec 1 for the same & that 
it lye Blank there till otherwise ordered by the Gen 1 Ass m . 

Voted, That Mr. Hunking Wentworth be a Comittee of this 
House to joyne with such as the Hon ble the Council shall app* to 
see the Repaire of the Prison done the cheapest they can. 

Voted That Messrs Peter Gillman, Jotham Odiorne & Mr. 
Hunking Wentworth be a Comittee of this House to joyne such 
as the Hon ble the Council shall appoint to ascertaine the vallue of 
money & Exch a for chancering the vallue of the bills of Credit. 

Mr. Sec v came into the House & said that his Excell y had Or- 
dered him to adjourn the Gen 1 Ass m to Tuesday next, and then 
Declared the Ass m adjourn'd accordingly. 



Tuesday March the 30 th A. D. 1742, a. m. The House met. 
[Adj. to] Wednesday, Mar. 31 st . 

Doctor Natt Rogers, Eleazer Russel & Benj a Gambling as agents 
for the Proprietors of Nottingham came into the House & shew'd 
their power as delegates And made a motion that they might be 
heard on some affaire of the Proprietors. There not being time 
to heare them, Ordered that they may be heard next Sessions. 

P. M. In the House of Representatives. 
Voted That his Excell y draw the sum of one hundred pounds 
[p. 646.] out of the money now in the Treasury, the said sum to be 
for his Excell ys use to Hire a House to live in for the yeare 1742, 
to comence from the 25 th of March curr*. 

James Jeffrey, Cler. Ass n \ 

The House adjourn'd to the first of April, 1742. 



Thursday Aprill the 1 st A. D. 1742, a. m. The House met. 

The Comittee that were appointed to get the Plates that were 
^formerly used for striking Bills of Credit, Bro't in four Plates for 
Sprinting or Stamping Bills & one Cypher'd Back Plate. 

In the House of Representatives 
Voted, That the said Plates & six Blank Sheets of Bills be 
committed to the care of the Treasurer for the time being and he 



160 PROVINCE OF NEW-HAMPSHIRE. [1742. 

to be on oath for the safe keeping them till further [order] of the 
Gen 1 Ass m . The Plates & Bills carryed up to the Council pr. Mr. 
Clarkson. 

Barrington Bill past, Elisha Plaistecl Bill past, James Jeffrey- 
Petition for pay for Draught granted. 

Voted, That the Council be paid the sum of twenty one pounds 
five shillings out of the money in the supply Bill for paying con- 
tingencies and that this £21 : 5 : to be in full of what they say was 
not accompted for in their paym* in the yeare 1737, by a mistake 
in the Secretarys Certificate. 

Voted, That James Clarkson be paid three pounds out of the 
Treasury of the money that is there being so much he paid the 
Sec y for two Seals of the Province in the yeare 1741, being for 
the Province affaire. 

A vote for paying Sha d Walton, Geo. Jaffrey & Jotham Odiorn, 
Esqs. twenty shillings New Tenor to make them Equal w th the 
other councellors. 

[p. 647.] P. M. Mr. Sec y came with the Mess 11 that the Coun- 
cil had past upon the Treasury Bill, The Equity Bill, The Act ab* 
constables & collectors receiving any of our Bills & Mass a Bills 
for Taxes for 1742, The act for two hundred and fifty Pounds 
new Tenor for his Excell ys Sallary, and the Additional Excise 
Act. 

The House Adjourn'd to the 2 d curr*. 



Fryday, April the 2 d A. D. 1742, a. m. the House met. 

Voted, That Messrs Thomas Packer, John Gage, Samuel Gil- 
man & Clement Jackson be a Comittee of this House to joyne 
such as the Hon ble the Council shall app* to be Trustees for the 
mannaging the Twenty five thousand pounds Loan now proposed 
to be made according to the act to be made this Sessions. The 
Trustees Bonds to be for thirty Thousand pounds joynt & several. 

Capt. Walker's Bill for Docking an Entaile on the Mortgage of 
some Lands from Mr. William Vaughan Past to be Enacted, with 
a saving clause not to be put into Execution till his Maj ties Pleas- 
ure is known thereon. Sent up. , 

[ The following letter to John Thomlinson, Esq., probably writ- 
ten by Theo. Atkinson, throws light on the above m,atter.~] 

[Copied from MS. Corr., " Belknap Papers," p. 112.] 

Portsmouth, May 26, 1742. 
Sir — " Better hands than mine give you the State of Public affairs. You 
have a long letter from Gov. Wentworth, therefore nothing I hope will be ex- 
pected from me. You will give me leave to recomend a packet of Papers 
from Capt. Walker with a power to use your Endeavours in getting his Maj ties 
assent to an act passed here in his favour abt an Explanation of CoL 



1742.] JOURNAL OF THE HOUSE, 161 

Vaughan's Will — he, poor Gent 111 was Led into the Scrape by Mr. Win. 
yaughan & hath paid dearly for it. The Papers will speak for themselves, 
only observe there was an appeal granted from the Sup r Court of Judicature 
to the Gov r & Council where he had judgment ag st him for the money, but 
the Sec'ys house being burnt & all records &c. consumed, no copys could be 
obtained, but an Execution was Issued, & I, when Sherriff served it upon 
Capt. Walker & got the money & paid Mr. Weeks & Apthorp. After this the 
Land was Delivered to Capt. Walker by Mr. Wm. Yaughan & when Capt. 
Walker was about to sell some of the Land it was suggested that the Premises 
was Intailed, so no purchaser appeared. Capt. Walker Petitioned the Gen 1 
Court in Gov. Burnetts day as you'l see by a Copy from the Clerk of the As- 
sembly, but he dying soon after put a stop to the proceedings. Gov. Belcher 
was brother to Col. Yaughan, whose first wife was Gov. Belcher's sister. 
This together with a little personall disagreeing Mr. Walker being of the As- 
sembly & not exactly suiting the Gov r prevented his renewing his Petition till 
Gov. Wentworth came. You'l see there were several hearings & notifications 
&c. so that the matter was not suddenly Don. He desires your interest in 
this affaire &, will reimburse any charge you please to make for which I'll be 
answerable & will upon your sending the ace 1 remit the money." 



Voted, That Mr. Speaker Wiggin, James Clarkson, Esq & Mr. 
Hunking Wentworth be a Comittee of this House to joyne such 
as the Hon b!e the Council shall app* to signe off the twenty five 
thousand pounds proposed to be made for a Loan according to an 
act to be made this Sessions, — the Signers Bonds two thousand 
five hundred pounds joynt & several. Sent up. 

Whereas there will be money wanting to Buy Plates, Paper & 
Ink & Expence to go to Boston to get the same for the Printing 
of the six thousand Pounds now to be struck off, Voted, that 
there be paid the Comittee that are app d to see the doing of that 
affaire the sum of fifty Pounds out of the Publick Treasury for 
that end, for w ch sum they are to render an accompt to the Gen 1 
Ass m . Sent up. 

[p. 648.] P. M. Mr. Secretary came with the New Castle act 
& said the Council could not pass upon it for the contradictions 
that was in it. 

The House adjourn'd to the 3 d curr\ 



Saturday April the 3 d A. D. 1742, a. m. The House met. 

The Act for the £25000 Lone read 3 times & past to be 
Enacted. 

Mem°. There was burnt of the Hanson's money £155 : 10. 
Pd. for Exch a £156 ; at 1 pr. ct, to Jotham Ocliorn, £7 : 16, there 
was £62 : 18 in Mr. Hunking Wentworths hand to ace* for. 

P. M. Mr. Sec y came with a Mess a from the Council, viz. That 
in regard of the Comittee for seeing the Repaire of the Fort in 
the £25000 Loan bill, that these words be incerted viz. Saving 
only the Prerogative of the Crown : which was put to vote, 
Whether it should be incerted or not. It past in the negative. 
11 



162 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Allowed Mr. Wm. Parker twelve pounds old Tenor for draw- 
ing Acts this sessions & some Dra ts at Hampton on the affaire of 
the Line, or three Pounds new Tenor. Dr. Mathew Livermore 
Esq. for Draughts this session £16 old Tenor or four Pounds new 
Tenor. 

Mr. Secretary came with a Mess a from his Excell y , viz. That his 
Excell y Required the attendance of the House at the Council 
Chamber (at his house) Mr. Speaker & the House went accor d 
and, after his ExcelP 7 had sign'd the several acts pass'd this Ses- 
sions, his Excell y ordered the Secretary to Prorogue the Gen 1 ' 
Ass m to the 7 th June next at 3 o'clock p. m. 

Then Mr. Sec y Declared the Gen 1 Ass m Prorogued accordingly. 



[p. 649.] Tuesday June the 7 th A. D. 1742. The House met 
according to Prorogation. 

The House adjourn'd to the 8 th curr*. 



Wednesday June the 8 th A. D. 1742. The House met. 

Mr. Sec y came with a Mess a from his Excel! 3 ' to know if there 
was a House met. The Speaker answered there was a House (1). 
Then Mr. Secretary said his Excell y Required the attendance ol 
the House in the Counsel Chamber. 

Mr. Speaker & the House went up accordingly. His Excell y 
made a Speech. Mr. Speaker prayed a Coppy & Returned. Mr. 
Sec y Bro't the speech. 

[As follows, copied from MS. " Govrs. Messages," in Secretary's office, p. 239.] 

Gentlemen of the Council and Assembly 

I have nothing immediately in Comand from his Majesty to lay before you 
at the opening of this Session, therefore you will be able to go through the 
weighty things that lay before you with greater dispatch. 

Amongst which I would recommend to your consideration the Passing an 
Act to prevent persons selling rum to the Indians on the frontiers of the 
Province, more particularly unless such shall be licensed by authority, and 
under proper restraints : — should such an Act be neglected evil minded per- 
sons, inhabiting near the lines may by their ill treatment of these people 
create disputes" of such a nature as must necessarily terminate in a war, 
which in our present situation is of the last consequence to avoid. 

(1) [Names of members as enteredjin another record.] 

Mr. Speaker Wiggin Saml. Gillman, Esq. 

James Clarkson, Esq. Peter Gillman, Esq , 

Capt. Geo. Walker Jotham Odiorn, 

Mr. Hunking Went. Richd Jennes 

Capt. Gage, Thomas Packer, Esq. 

Capt. Wallensford Mr. Geo. Walton 

Mr. John Canney Ebenezer Stephens, Esq. 

Capt. Roby Mr. Israel Gillman 

Mr. Thos. Elkins Mr. Jona. Thomson 

Mr. Jos. Tole Mr. Andrew Todd. 



1742.] JOURNAL OF THE HOUSE. 163 

Gentlemen of the Assembly — 

The Treasurer's Accounts remain unadjusted, there being a difficulty in 
some points with the Council which remains to be got over. It will be very- 
agreeable to me that you consult proper measures to reconcde any doubts 
that have or may arise thereon, that I may be able to transmitt the accounts 
regularly and conformable to his Majesties Instructions. 

Gentlemen of the Council and Assembly, 

If you have laws useful or necessary for the community to project, you 
shall not want my concurrence therein, and as the time of yeare will not ad- 
mit of a long session, from the multiplicity of business attending the season, 
I shall contribute all in my power to shorten it, and give you such a recess as 
will be most agreeable. 

B. WEISTT WORTH. 

Council Chamber, June 8 th 1742. 

Mr. Smith Bro't a letter from Adm 1 Vernon to his Excell y & 
left it, (1) 

The several Towns and Precincts bro't in their List of Rates in 
order for making a new Proportion 

The House adjourn'd to the 9 th curr'. 



Thursday, June the 9 th A. D. 1742. The House met. 

Voted, That Messrs John Gage and Jotham Odiorn be a Com- 
mittee of this House to answer his Excell ys Speech as soon as 
they can, & present it to the House for acceptance. 

P. M. Messrs. Parker & Livermore made a motion ab l Regu- 
lating Fees on account of the Change of the Ten r of the moneys 
taking place next September. 

Ex r South Parrish Petitioners were heard by their Council. 
The House adjourn'd to the 10 th curr*. 



Fryday June the 10 th A. D. 1742, a. m. the House met. 

A Petition of Samuel & Nicholas Gillman, mirfors, Read & 
Voted, That the Prayer of the Petition be granted & leave to 
Bring in a Bill. 

Dearborn & others Petition for a Road thro' Londonderry 
Head. 

[p. 650.] A Petition of the north p* of Hampton (Praying for 
a P'ish line) Read. Mr. Secretary Bro't his Excell y Gov. Went- 
worths 61 & 74 Instructions which is on file. 

P. M. Mr. Ingraham's Petition Read & Voted Dismist. Dear- 
born's & others Petition from North Hampton Read & to serve 
Hampton Select men with a Coppy &c. as on the Petition. 

The House adjorn'd to the 11 th curr*. 

(t)This letter not found.— Ed. 



164 PROVINCE OF NEW-HAMPSHIRE. [1742.,. 

June the 11 th A. D. 1742, a. m. the House met. 

The young Gillman's Bill read and past. 

Mr. Sec y came with a Mess a ab* Printing of the Bills Blanck & 
putting them into the Treasury without a fund and that some- 
thing should be done on the £500 blanck in the Treasury. 

P. M. the House adjourn d to the 12 th curr*. 



June the 12 th A. D. 1742 the House met. 

Mr. Secretary Bro't a Mess a from his Excell y That the Ass™ 
would procure the accompts of the charges of the Lines from this 
Province Comittee, That his Excelly may write ab n it to the 
Gov r of the Massachusetts. 

A vote for a Comittee to be joyned to the Comittee for the 
£25000 loan, and an Act Drawn up in w ch said Comittee is in- 
certed. 

Rowlins Petition Read and voted as on the Petition. 

The Answer to his Excell 9 speech read and sent up [as follows:] 

[Copied from MS. " Gov s Messages," p. 241.] 

May it please your Excellencie 

We the Representatives of Iris Maj ties Province of New Hamp r met in Gen 11 
Assembly, taking notice of what your Excels mentions in your Speech at the 
opening of this Sessions concerning the selling of Rum to Indians on the 
Frontiers of the Province, cannot but acknowledge with gratitude your early 
care to prevent what may be of such unhappy consequences to us, & shall 
take the matter into consideration. 

We shall also be ready to do our part in order to the adjusting of -the Treas- 
urer's accompts & for the removall of whatever may be a just obstruction to 
it; & we shall likewise gladly joyne with your Excelly & his Maj^ Councill 
in the Enacting such Laws as will make for the common good. And as we 
shall be ready to do every thing in our power that will be for his Majesties; 
Hon 1 ' and the Prosperity of the People whom we Represent, so we shall labour 
for y* dispatch in the weighty affairs that is now before us, or any thing else r 
which your Excell v is pleased to recomend. 

Andrew Wiggin, Speaker. 

Mr. Secretary by his Excell ys order adjournd the Gen 1 Assembly 
to the 21 curr*. 



Monday June the 21 st A. D. 1742, the House met. 

Mr. Speaker Wiggin being sick, that he could not attend, the 
House proceeded to the choice of a speaker. Ebenezer Stephens,, 
Esq. was chosen speaker, pro tempore. 

[p. 651.] A Petition of Geo. Bean of Exeter Read setting: 
forth that his House was burnt & in it the Deed of the Land 
(which was not Recorded) praying the Court to Enable the 
Widow of James Gorden (from whome he purchased the Land 
(as Adm x ) to give a Deed. 



1742.] JOURNAL OF THE HOUSE. 165 

Joseph Rowlings Petition for a Rehearing of a case (after a 
Review) with the Heirs of Maj r Wm. Vaughan, Read, & the 
Parties heard & Voted, That the Prayer of the Petition be 
granted & that he has Liberty to bring in a Bill & that Exe- 
cution be stayed. 

Voted, That Messrs Peter Gilman, H. Wentworth, Capt. Gage, 
Capt. Roby, Capt Sam 1 Gilman & Jotham Odiorn be a Comittee 
of this House to examin the Invoices. 

The House adjourn'd to the 22 d curr*. 



June 22 d the House met. Andrew Gilman & others Petition 
voted Dismissd. 

The House adjourned to the 23 d curr*. 



June 23 d the House met. For the. more equal Proportioning 
the Towns, 

Voted, That every Head £18: all Lands 10 s pr acre: a horse 
£3 : an ox £3 : a cow 40s : a 3 yeare old 30s : a 2 yeare old 20s : 
^ yeare old 10s: swine 10s: a Double House two stories 40s : a 
single house of one Room & one story 10s : & so in Proportion 
for other Houses that are otherwise built. 

A vote on the Petition of the South p'ish in Exeter for a Co- 
mittee & to make their Return next Sessions. 

P. M. The House adjournal to the 24 th curr*. 



June 24 th . The House met. 

Voted, That John Gage, Esq. be a Comittee of this House to 
joyne such as the Hon ble the Council shall appoint to receive from 
the Treasurer the £500 Blanck Bills of Credit in the Treasury & 
bring them in & Burn them in the face of the Gen 1 Assembly. 

[p. 652.] The Invoices of the several Towns & Gen 1 Draught 
sent up. 

P. M. The Comittee appointed to bring in the £500 blank 
Bills Bro't them in and they were Burnt. 

Barrington Act read a third time & past to be enacted. 

The House adjourned to the 25 th curr 1 . 



June 25 th — the House met. 

Voted, That Peter Gilman, Esq. be appointed by the House to 
joyn such as the Hon ble the Council shall appoint to draw up an 



166 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Act for Proportioning the Towns for the Province Tax for the 
yeare 1742, and until a new Proportion is made, and that each 
Town or Precinct pay in Proportion to a £1000 as is carryed off 
in the last column of the within List. 

P. M. Bean's Act read a 3 d time & past to be Enacted. 

Ingraham's & a Petition of the Inhabitants of [Hampton] 
Falls ab* a Publick licensed House there both dismiss'd (1). 

The House adjourn'd to the 26 th curr*. 



June the 26 th A. D. 1742. The House met. 

An act for Limit a off Fees read a 3 d time & past to be Enacted. 
An act for new Proportioning the Towns &c. read a 3 d time & 
past to be enacted. All sent up. 

Voted, That Maj r Peter Gillman be appointed to Joyn such as 
the Hon ble the Council shall appoint to sort the papers that now 
lie in the Recorders office (that do not belong there) & that they 
put the several papers into the proper office, with an alphabet w* 
they are & that they be paid out of y e Treasury. 

Eod m Die. In Council, Read & Concurr'd with this amendm 4 . 
That the Papers above mentioned remaine in the custody of the 
Record 1 " where they now are & y* an Alphabet be return'd to the 
Gen 1 Ass m at their next Sessions in order to their being placed in 
the several offices as the Gen 1 Ass m shall order & that Win. Parker 
be of the Comittee. 

Theo. Atkinson, Sec y . 

Eod m Die. In the House read & concurr'd. 

J. Jeffry, Cler. Ass m . 

[p. 653.] A vote sent up for Thomas Packer, Esq. to joyne 
one of the Hon ble the Council to adjust the Treasurer's accompts 
according to the vote of this House last sessions. 

Eod m Die. Voted that the three Plates lately Engraved for 
the stamping of the sum of foure thousand seven hundred and 
twenty pounds, in conformity to the late act of this Governm* for 
the supply of the Treasury, be delivered to the Treasurer for the 
time being, taking his Rec* for the same, to be put into a Box 
with three Locks, all different keys, one to be kept by the Treas- 
urer, one by the Speaker of the House for the time being and one 
by the Secretary for the time being, until further order of the 
Gen 1 Assembly. 

P. M. Exeter Southwest Parrishes Bill for Establishing a Par- 

(1) This record is more fully explained in a minute found in another place, viz. : "Moses 
Ingraham's Petition read & heard by Council. A Petition of sundry Inhabitants of 
Hampton Falls praying no House may be licensed by the Assm. Read. This was an 
answer to the above Ingraham. Voted, Whether the House will grant the Petition in 
a,ny form. It past in the negative."— Ed. 



1742.1 JOURNAL OF THE HOUSE. 167 

rish by the name of Brentwood, read three times & past to be 
enacted. Sent up. 

In the House of Representatives, June 26 th , 1742. 

Rec d the three Plates (from which the new Bills of Credit of 
the Province of New Hampshire was struck) for safe keeping^'at 
Treasurer of said Province, the same to be delivered the^Gen 1 
Assembly when call'd for. 

Copy of the Rec\ ' George Jaffrey, Treasurer. 

Ordered, That the signers of the new Bills of Credit of this 
Province do deliver the Blanck Bills now struck off and not now 
to be signed, to George Jaffrey, Esq. for safe keeping and to be 
delivered to the Assembly when called for, and that Mr. Jaffrey 
give a receipt for the number of Blancks rec d . 

The Ass m Prorogued to the 14 th 7 br next. 



NOTE BY THE EDITOR, 

[The portion of the Journal of the House which follows, from September 
14 th , 1742, to October 15 th , 1747, is copied from a MS. volume in the Secre- 
tary's office, labelled " Journal of the House, 1742-1747." It appears to 
be the original record, in some places much defaced and interlined. The 
pages in the margin correspond with those in the MS. Journal. 1 

[p. 29.] Sept. 14 th 1742. 

The House met according to adjournment [Prorogation] A 
Mess a sent to Inform his Excellency there was a Quorum of the 
House p'sent. 

Mr. Sec y came into the House & said, Mr. Speaker, His Excell y 
Requires the attendance of the House in the Council Chamber, & 
returned. 

Mr. Speaker & the House went up accordingly. 

His Excell y made a Speech. Mr. Speaker pray'd a Copy & Re- 
turnd. Mr. Secretary Bro't the Speech & Left it to be coppyed 
& return d. 

The Speech read as follow eth, viz. 

Gen 1 of the Council & Assembly 

I had not met you in Gen 1 Ass" 1 at this time when I am sensible your at- 
tendance on the approaching Harvest is necessary, had not the Iinediate ser- 
vice of the Crown demanded it, & in a manner which gives you an op'tunity 
to show your obedience to your Sovereign in a most Essentmll point. 

I am in dayly expectation of Capt. Winslows arrival to levy Recruits for 
the Army in the West Indies, under the command of Gen 1 Wentworth whose 
letter I comunicated to the Gen 1 Ass m the day it came to my hands. I shall 
on my part use my utmost dilligence to assist him, by making the proper & 
necessary dispositions of the Millitia for that purpose & by countenancing 
him in his progress thro' the Province, & I am confident, Gen*, that on your 



168 PROVINCE OF NEW-HAMPSHIRE. [1742. 

part you will Exert your selves on this occasion, and make it your first care 
to grant a premium to such as shall inlist themselves in his Maj ties Serv. Equal 
if not exceeding what the neighboring Governments have done, which will be 
an Instance of your duty & gratitude and may further recomend you to his 
Majties Special favor. 

Gen* you may at all times rely on my readyness to dispatch your publick 
concerns <fe when you have comply' d with my Request in w* relates to the 
Crown (which I againe most seriously recomend you would give the greatest 
attention to) & gon thro' w 1 the necessity of the publick requires, I shall ad- 
journ you to a more convenient day. 

Ben, Went worth. 

Council Chamber, Sept. 14 tb 1742. 

[p. 30.] Voted, That James Clarkson and Samuel Gilman 
Esqs. & Mr. Jotham Odiorn be a Comittee of this House to draw 
an answer to his Excelly 6 Speech & present it for accept* as soon 
as may be. 

Then the House adjourn d to the 15 th curr*, a. m. 



Wednesday, Sept. 15 th a. m. A. D. 1742. The House met. 
A Petition of Levit & Sanburn in behalf of some Inhab" of 
Brentw d . 

The House adjourn'd for 2 hours p. m. 

P. M. A Petition of Joseph Lock Bro't in — 3s. pd. 

The House adjourn'd to the 16 th curr 4 a. m. 



Thursday, Sept. 16 th — The House met. Lock's Petition Read 
2 d time & heard & y e King's attorney heard ag st it & voted y* y e 
Peti rs serve Mr. Gorwood y e Excise Master & the King's Attor- 
ney with a copy of y e Peti" & order thereon, to appear Tuesday 
next (if the Ass m is sitting) if not y n to app r y e 3 d day of y e sit- 
ting of y e Gen 1 Assembly next Sessions, to shew cause &c. & y e 
Execution be stayed in y e mean time. Sent up pr Tomson. 

Brentwood Petition Read. 

John Taylor's and others Petition read — nothing paid. 

Voted, That Peter Gilman, John Gage & James Clarkson Esqs. 
be a Comittee of this House to draw up a Vote in order to make 
an Act relateing to fees & bring it the House for approbation. 

Mr. Sec y bro't the Blank Act about Fees, &c. 

South Hampton Petition Bro't in & p d . & voted y* y e Select 
men of South Hampt n be servd with a coppy & votes at the Peti- 
tioners cost to appeare y e 3 d day of sitting of Gen 1 Ass m next to 
shew cause &c. Sent up pr. Tomson. 

Mr. Rich d Perry made a motion to the House for his sons wages 
as a souldier at the Fort Wm & Mary, and for serving for 5 years 
to Mar. last. The House adjourn d for two hours p. m. 



1742.] JOURNAL OF THE HOUSE. 169 

P. M. The Comittee for a vote about Fees made their Report 
w h was read. Mr. Sec 7 " Bro't Mr. Hilton's Petition that was pre- 
ferd formerly and what was acted thereon, But it laine over a 
Prorog n therefore to be now acted upon. 

The Question put yea or nay Whether the rote of the Comit- 
tee* ab't Fees be accepted — 14 yeas 3 nays, the nays Reason was 
that there should be a new Table of fees made now. It past in 
the affirm a . 

North Hill Petitioners and their Antagonists heard by their 
Council. The House adjournd to the 17 th curr* a. m. 



Fryday Sept. 17 th A. D. 1742, a. m. The House met. The 
vote for y e Act, Lim* Fees read againe & voted to be sent up for 
Concu r . Sent. 

[p. 31.] Mr. Sec y , R, Wibird, Esq. came into the House with 
the vote about the Limmitting Fees and said the Council could 
not concur by Reason of several Express 11 in the preamble. 

A vote past for a survey <*i Brentwood Petition & the like on 
North Hill Petition. Both sent up pr Capt. Stephens. 

The House adjournd for two hours, p. m. 

P. M. A vote for Regulating Fees past. 

On Mr. Blunt's affaire — Voted That if Mr. Blunt accepts 40s 
pr annum new Tennour, instead of what was formerly allowed 
the ministry of Xew Castle pr annum, and give a Discharge for 
any other or greater Demand while he is minister of New Castle 
& Discharge on the receipt of £200 for all former dues, That then 
a vote pass for paym* of two hundred pounds old Tenour. 

The House adjourn' d to the 18 th curr*. a. m. 



Saturday, Sept. 18 th — The House met. A vote past for a 
Bounty of £5 to every able Bodyed man that shall Enlist for y e 
West Indies, as on file. 

The answer to his Excelly 5 Speech read — 

[Copied from MS. " Gov 1 '* Messages/* p. 243.] 

May it Please your Excellencie 

We the Eepresentatives of his Majesties Province of Xew hampshire in 
General Aesernbly convene!, having maturely considered your Excellencies 
Speech, beg leave to make the following answer. 

We thankfully acknowledge the kind" notice your Excell- V is pleas' d to take 
in your Speech to us at the opening the Sessions, of our needful attendance 
on the approaching Harvest and your unwillingness to call us togeather at 
this Busie Season, had not the immediate service of the Crown Eequired it. 

As to what your Excellency is pleas' d to Eecomend of giving proper En- 
couragement for the Levying Eecruits for the Army in the West Indies under 



170 PEOVINCE OF NEW-HAMPSHIRE. [1742. 

the command of General Wentworth, whose letter to your Excellencie we 
have by your order been favoured with a sight of: 

We beg leave to observe that when a proposal of this nature was laid before 
the Representatives of this Province in a former Administration (tho' the 
recommendation came so late to them, that many of our People had inlisted 
themselves in the other Province) A sufficient sum of money was readily 
voted, and lodged in the Treasury for that purpose. But no number of men 
appearing it was disposed of otherwayes. 

However to shew our forwardness on this Head we have already Voted an 
ample Reward to a number that shall Inlist, and money for that purpose so 
soon as there shall be occasion for the same. 

We doubt not of your Excellencies readyness to forward this affaire, and 
assure you that we shall not be wanting on our part, But shall in this and 
Every other Reguard chearfully comply with what Ever will be for his Maj ties 
Hon 1 ' and do all that can be Expected from the most dutiful and Loyal 
subjects. 

And w Wiggin, Speaker. 

7 br the 18 th 1742. 

Mr. Sec y Bro't the vote about Fees for amendm*. By a verbal 
Mess a the vote sent up ag a without amendm* with a verbal Mess* 
in answ 1 '. 

[p. 32.] Voted y 1 the Comittee for farming the Excise 1742, 
be pd. six pounds old Tenor Bill. 

Voted That Henry Sherburn be pd. £12: 10 old Tenn r for 
Bookes for his office when Clark.- 

Mr. Sec y came with a Mess a & said they had concur'd with the 
vote about the Fees with something on the Mess a sent. 

A written Mess a sent to his Excel! 7 in writing relating to fees, 
as on file. 

Capt. Walkers & Moulton & others Petition read, not pd. 
Voted y* — [serve] y e ad vers p'ty with a Coppy & to appeare y e 
3 d day of next sitting to shew cause &c. & that Execu 11 be stay'd 
in y e mean time. Sent up. 

A message from his Exce!l y as on fyle, requesting to draw his 
money before y e 12 th X br next. 

Voted That provided there be in the Treasury any money of 
the Excise, that his Excell y have liberty of drawing y e same out 
any time between this & y e 12 th X br as much as will compP his; 
years salary, including w 1 he has already rec d . Sent up. 

Mr. Atkinson bro't a vote from the Council relateing to the 
Excise Bond. Concurr d with amendm* (but to be borrowed to 
coppy) Sent up. 

Mr. Wibird came into the House & said y l he was to inquire if 
there was any Act ab't Blunt, if not the vote could not pass. 

Mr. Sec y came & adjourned the Gen 1 Ass m to the 16 th 9 br next. 



[p. 33.] November 16 th 1742. The House met according to 
adjournment. The weather being very bad the Mem s could not 
Com. 

Mr. Sec y came into the House and said his Excell y had ordered 



1742.1 



JOURNAL OF THE HOUSE. 171 



him to Adjourn the Gen 1 Assm. to the 17 th curr* at 10 o'clock, 
a. m. and then in his Maj tys name said the Assembly is accordingly" 
adjourn'd. 



Wednesday 9 br 17 th — the House met. 

Mr. Sec y came a Mess a that the Gov r had nothing to recomend 
as yet and would have the House proceed to business where they 
left off, it being only an adjourm 1 . The House adjournd for 2 
hours p. m. 

P. M. The House met and agreed aW a new Table of Fees. 
The House adjourned to the 18 th curr*. 



Thursday Nov. 18 th — the House met. In the House Voted, 
that Messrs Clarkson & Maj r P. Gillman be a Comittee of this 
House to joyn such as the Hon b!e the Council shall appoint to 
Draw up a Table of Fees for all officers & offices & courts, & 
fines & Forfeitures to be taken and rec d in this Province, and 
make Return thereof to the Ass m as soon as possible. 

The House adjourn'd for 1 1-2 Hour, p. m. 

P. M. The House proceeded ab' the Table of Fees. 

The House adjournd to the 19 th curr* a. m. 



Fryday November the 19 th — The House met. The Question 
was put if the House would proceed to settle the Table of Fees 
in the House as they were going on yesterday. It past in the 
negative. 

Voted, That Sam 1 Gillman Esq. be a Comittee of this House to 
joyne such as the Hon ble y e Council shall appoint to advise with a 
Lawyer & draw up a Table of Fees for all offices cV: officers. Fines 
& Forfeitures to be taken & rec d in this Prov. according to the 
late Emission of Bills of Credit & to make return as soon as pos- 
sible. Sent up pr Mr. Tole. Concur'd. Mr. Wibird added. 

Messrs Page & Benj a Bakers Petition read & voted to serve y e 
Selectmen of So : Hampton &c. to appeare y e 3 d day of next 
Sessions. 

Selectmen of South Hampton Petition, read. Sam 1 Smith ap- 
peared & vouch' d the Select men were serv'd with a coppy ac- 
cording [p. 34.] to the s d vote, and Voted that the Prayer of the 
Petition be granted & that the Petitioners have Liberty to Bring 
in a Bill accord y . The House adjournd for 2 hours p. m. 

P. M. Carr & Petition for a highway read. Mr. 

Walker & others Petition read & the Parties heard by CounciL 



172 PROVINCE OF NEW-HAMPSHIRE. [1742. 

It was put whether it be proper that Capt. Walker w th draw 
in his own case. It past in the affirm 9 & he withdrew. Capt. 
Walker objected ag st Mr. Israel Gillman's sitting, he having fore- 
judged the case. 

The House having considered the arguments on both sides, 
Voted That the Petition be dismis'd. Then the House adjourn'd 
to the 20 curr*, a. m. 



Saturday Nov. 20 th — The House met. Chester Petition Re- 
fer'd in June last by the Selectmen, read againe & inasmuch as it 
appears Londonderry not notified & y e Petition praying y e matter 
may be heard, therefor Voted as before, & to app r the 3 d day of 
y e next Sessions after Feb y . 

The Question put whether the House will add one more to the 
Comittee ab l the Fees. It past in y e affirmative. Capt. Gage 
aded. 

In the House &c. Voted, That Sam 1 Gillman & John Gage 
Esqs be a Comittee of this House to joyne with such as the Hon ble 
the Council shall appoint to draw up a new Table of Fees for all 
offices, officers, Fines & Forfeitures to be taken & received within 
this Province in Proclamation money and that they have liberty 
to take such advice therein as seems meet to them for doing the 
same and that they make return to the General Assembly as soon 
as they can. [In the margin] " Not sent up." 

A Petition of 47 p'sons of Hampton Town read ag st the Return 
for a Line &c. & y* if y e Line be settled y* they may be Pol'd off 
to the old Town. 

The North Hill affaire heard by Council. 

Mem . Willson of Brentwood's Petition to be read first March. 
Andrew Gillman & others. 

The house adjournd to Monday the 22 d curr* 10 o'clock, a. m. 



[p. 35.] Monday, November the 22 d , 1742. The House met. 
Adjournd to the 23 d . 



Tuesday, 23 d . The House met. Mr. Willson & others Peti- 
tion read in order to be sett off from Brentw d . 

Whereas It is tho't That it will be very chargeable to the Gov- 
ern^ to keep the Gen 1 Court sitting until a new Table of Fees be 
made and compleated, Voted, That the Fees due by Law to any 
& every officer w th in this Province for any service hereafter to be 
done in & belonging to his office Respectively, shall be & hereby is 
limitted & stated as the Laws already inforce y* beare date before 
the 25 th day of X br last past Limits & States the same ; and one 



1742.] JOURNAL OF THE HOUSE. 173 

shilling in Bills of Credit of the new Tenor on this Province shall 
pay & discharge the sum of 4s due to any such officer as Fees, or 
fdr the labour & service of his Respective office, & in y* Propor 11 
for a greater or lesser sum, & shall be a lawfull Tender when duly 
made for any such demand & y* all penalties, Fines & Forfeitures, 
(excepting all such as are settled by acts of Parlia mt ) be p d in the 
same manner & y l an act be drawn up accordingly & shall re- 
maine & continue in rail force & effect until the 25 th X br 1743, or 
until a new Act Table of Fees be agreed upon by y e Gen 1 Court, 
between this & y e aforesaid 25 th X br , And that Sam 1 Gillman & 
John Gage Esq. be a Comittee of this House to joyne such as the 
Hon ble the Council shall appoint to draw up s d act; & further 
Voted y* there be a Committee appointed of both Houses, s d Com- 
ittee (in the Recess, of the Ass m ) to draw up a new Table of all 
Fees, Fines & Forfeitures to be taken & rec d in this Province in 
Bills of the new Tenor & p'sent y e same to y e Gen. Ass™ at their 
next Sessions for approbation, &c. 
The House adj d for 2 hours, p. m. J. J. Clr. Ass m . 

P. M. Willson & others of Brentwood their Petition read & 
voted, That y e Pet rs serve the Selectmen of Brent d with a coppy 
&c. and to ap e y e 3 d day of next sessions after y e 25 th X br next at 
y e Petitioners cost &c. 

Mr. Sec y came & said that y e vote of y e 19 th relating to Fees 
pray'd to be withdrawn could not be sent by y e Council, y e Gov 1 * 
having assented to it ; and further read a letter from Agent Thom- 
linson of thanks for y e 100£ present from y e Assembly, and like- 
wise that he could not send any news the Gen' being in the coun- 
try til ? 

[p. 36.] The return of the Comittee that went to view Hampton. 
& North Hill read, & the Question put whether both ministers be 
paid out of the Gen 11 Stock. It past in the affirmative. 

As to the paym* of the ministers, Voted, That if that any thing 
is advanced hereafter to the ministry, It shall be advanced equally 
alike to each minister. 

Capt. Lock affaire came on, Ordered Capt. Lock to notifie the 
| King's Attorney & Mr. Gorwood to appeare to morrow ten 
o'clock A. M. 

Adjourn' d to the 24 curr* 8 o'clock a. m. 



Wednesday 9 br 24 th — The House met. Mr. Lock's affaire heard 
& argued & voted that the said Lock pay to Cha. Gorwood 10s- 
new Tennor and y* then the pray r of the Petition be so far 
granted as y* he may have a new tryall, and liberty to Bring his 
Bill accordingly. 

A mess a was sent to desier the withdrawing y e vote ab 4 Fees of 
y e 19 th curr*. Mr. Sec y came & said that y e vote was Entred & 



174 PROVINCE OF NEW-HAMPSHIRE. [1742. 

assen d to & lay dead for not acting on't & y* a new vote might be 
acted on tho' that vote lay on file. 

Then a new vote sent up ab* Fees made the 23 d current. *" 

Messrs Sec y & Wibird came with a Mess a and bro't our vote of 
y e 23 d curr* relating to Fees, viz. that the Council could not con- 
curr w th the vote, for it cros'd the act of Parliam*, sundry fines & 
forfeitures being settled by acts. 

In answer to which the House amended and excepted all Fines 
and Forfeitures settled by Act of Parliam*. Sent up. 

Upon reconsidering the North hill affaire, the Petitions read 
and the several parties heard, and the House having considered 
thereon, Voted, That there be a Line settled, viz. Beginning at a 
large Rock in the Highway that leads from Portsmouth to Hamp- 
ton over North Hill, Between the dwelling houses of Caleb Mars- 
ton & Joseph Tole jun. & is the first great Pock in the Highway 
to the Southward of y e widow Levitt's dwelling house & from 
13 d Great Rock to run on a Strait line to the sea at the mouth of y e 
little River where it now Empties itself into the Sea & y 11 to be- 
gin at the aforesaid great Rock & from thence to run on a strait 
Line to the lower Bounds Between Strath am & Exeter as Hamp- 
[p. 37.] ton Line, that the Estates in the old Parish that belongs 
to the Poles in y e North Parrish shall pay Rates to the new Par- 
rish and the Estates belonging to the Poles of y e old P'ish that 
lies in y e north P'ish shall pay Rates to y e old P'ish, and wherever 
the ouner of the land lives there he & his Estate shall pay not- 
withstanding y e Line settled, & if any stranger purchase the Land 
in either of the P'ishes he shall pay where the Land lies. It al- 
ways intended y l every p'son in each P'ish pay the grant to Mrs. 
Dorothy Gov — — (1) as usual by y e whole Town, & y* y e Rates 
for y e present yeare be pd as they are ready made, & y t y e select- 
men in each P'ish join in making Pro : Rates as also y e both 
P'ishes joyn in choice of the present till further order. 

Mr. Sec y came with a Mess a ab* Southampton and said that the 
matter formerly belonging to it not being past up that the matter 
might be reconsidered, and left the paper. 

Mr. Speaker Wiggin being absent the House proceeded to 
chuse a Speaker pro tempore. Ebenezer Stephens, Esq. was 
chosen. A motion was made relating to Southampton. 

The House adjourn'd to the 25 th curr 1 9 o'clock. • 



Thursday 9 br 25 th . The House met. 

Southampton affaire was reconsidered and Voted, That a Line 
be extended from the Dividing Line between Hampton Falls 
P'ish and the P'ish of Kensington to the Prov : Line being South 
four Degrees West, and that all the Inhabitants & their Estates 

(l)This name is illegible.— Ed. 



1742.] JOUKNAL OF THE HOUSE, 175 

to the Eastward of that Line that did belong to S Hampton shall 
be annexed to Hampton Falls Parrish, & that the Petit 1 " 8 have 
liberty to bring in a Bill accordingly. 

Brentwood affaire came on Debate. 

The return of a Comittee that was sent to view the Land made 
their return w ch was accepted. A Petition of Eben 1 ' Stephens, 
Esq. read — pd. 

A petition of Batchelor & others read, palm x must pay — 
Voted dismis'd. 

South Hampton Peti n Bro't down to amend the vote which was 
read & concurr'd. 

A vote about Brent woods paying their rates to Exeter con- 
stables on file. Mr. Wibird Bro't our last vote to be recon- 
sidered. The House having considered thereon, Voted they ad- 
here to y e former Vote & sent up. 

Mr. Smith bro't from y e Council a Petition of Mark H. Went- 
worth. A Mess a pr Mr. Sec y that Geo. Jaffrey & Rich d Wibird 
Esq. apointed above to draw up the Act for y e Table of Fees, &c. 

Mark H. Wentworth's Petition read & Voted y e Prayer of y e 
Petition be granted & y* he has leave to bring in his Bill accord- 
ingly. 

' Mr. Stephens Petition read & voted to serve the Selectmen of 
[p. 38.] East Kingston w th a coppy & to appeare the 3 d day of the 
sitting of the Gen 1 Assembly after the last day of February 
next to show cause why y e Prayer of y L ' Petition may not be 
granted; & y fc y e Rates of those young men in dispute be not 
taken by any constable till y c matter of y e Petition be determined, 
except the Province tax which must be pd. 

The House adjourn'd to the 26 th curr* a. m. 



Fryday 9 br 26 th . The House met. 

North Hill bill read, for establishing them a P'ish read a 2 d 
time. 

Went 8 & Stephens Petitions sent up. 

The last Treas r H. Sherburn, Esq. made a motion in the House 
to have allowance of w* was paid the late Gov 1- Belcher that he 
put in his account y* s d act may be past. 

The Question was put if the House would allow the article in 
the Treasurer's ace 1 for paym* to Gov. Belcher be fully allowed or 
not. It past in the negative. 

South Hampton Bill read. 

North Hill bill read three times & past to be Enacted. John 
Eyres Petition Read & voted unanimously y* the Petition be dis- 
mis't. The House adjourn'd for 1 1-2 hour p. m. 

Whereas there was a vote past the Gen 1 Ass™ last June ap- 
pointing Messrs Odiorn Maj r Peter Gillman and Rich d Jennes to be 



176 PROVINCE OF NEW-HAMPSHIRE. [1742. 

added to the Comittee for bringing in the remainder of y e 15,000£ 
loan, in y e Roome of John Gillman Esq. deceased & Thomas 
Packer, Esq. made high Sherrif <fcc. and no act to Xmpower them 
to do the same has been made as yet, Therefore 

Voted, That Sam 1 Gillman Esq. be of this House to joyn such 
as the Hon ble the Council shall appoint forthwith to draw up an 
act to impower y m accordingly. 

Allowed Mary Ayers £9 : 6 : 6 old Tenor her ace* for victuall- 
ing Indians. Do. Mr. Atkinson for Bookes, paper & Quills £20 : 
10 old Tenor. 

Brentwood act read 3 times & past to Enacted. Allowed 
James Jeffry 20£ old Tenor in full for his ace 1 for Dra ts . 

A vote past relating to the Treasurer's accompt as on file. The 
House adjourn'd to the 27 th curr* a. m. 



Saturday, 9 br 27 th . The House met. 

An act for the Inhabitants of Brentwood to pay this years Tax 
to Exeter, read 3 times & past to be enacted. Mr. See 7 bro't 
Down Jos. Sherburn & Ellis Huske acct to be past upon. 

|_p. 39.] Whereas there was several accompts sent up yesterday 
allowed to be paid out of the Treasury, viz. 

To Mr. Atkinson, new Tenor £5 : 2:6 = in old Tenor £20 : 10 : 

To Mrs. Mary Ayers, new Tenor £2 : 8:7 1-2 = in old Tenor £9 : 16 : 6 

To Henry Sherburn, jun. new Tenor £3: 2:6 = old Tenor £12:10: 

To James Jeffry, new Tenor £5 : : : = old Tenor £20 : 
To Henry Sherburn & ) 

To Joseph Sherburn > Farming Exc. 30s = old Tenor £6 : 
Jennes & Walton ) 

In all, new Tenor £17 : 1:7 1-2 = old Tenor £68 : 6: 6 

in which said votes it is not Exprest out of what fund in the 
Treasury the same shall be paid, Wherefore Voted that the said 
accounts be paid out of the money in the Treasury for paym* of 
contingencies , 

Mr. Sec y came to ask if the House had any thing to send up, if 
not that his Excel! 7 had ordered him to adjourn to Monday next 
& then in his Majesties [name] declared the Assembly ad d ac- 
cordingly. 



Monday, 9 br 29 th . House met. Adj d to 3 p. m. 

A Bill relateing to Nottingham read. A Bill relating to Fees 
Read. 

A motion was made about voting for a Recorder to be chosen 
entirely by the House of Represent It past in the affirmative 
unanimously. 

The House adjourned to the [30 th ] curr* a. m. 



1742.] JOURNAL OF THE HOUSE. • 177 

Tuesday 9 br ' 30 th . The House met. The act for the Table of 
Fees read. 

In the House &c. Whereas the Records of Deeds and con- 
veyances of Land for ascertaining the Title thereof is of great 
consequence to the Inhabitants and Proprietors of Lands in this 
Province & whereas there is a Law that for preventing Fraudu- 
lent & uncertaine Sales of Houses and Lands, to the intent it may 
be better known w* Title or Interest p'sons have in or to such Es- 
tates &c. In which Law it is expressed how the Deeds &c. shall be 
acknowledged & Recorded, That the Recorder shall be sworn & 
his Fee for Recording, But in that Law (nor no other that the 
House of Representatives can find or be informed ot) is there any 
mention how the Recorder shall be chosen. And tho' of late years 
said officer has been chosen by the Gen 11 Assem. yet this House is 
[p. 40.] humbly of opinion, That as the Peop^ whom they Rep- 
resent are the persons chiefly concerned in Interest & property, 
and think that it is proper that the said Recorder ought to be 
chosen and appointed from time to time by the House of Repre- 
sentatives, Wherefore, Voted, That an Act be drawn up accord- 
ingly. 

Mr. Sec y Bro't the late Treasurer Sherburn's finishing f acc ts to 
be past upon. 

Voted That Mr. Jotham Odiorn be of this House, in the room 
of Mr. Tho s Packer former chosen, to joyn such as the Hon ble the 
Council shall appoint to adjust the Ball' 1 of y e Treasurers accounts 
now Bro't in. 

The House adjourn'd for 1 1-2 hour p. m. 

P. M. Mark H. Went worth's Bill ab* Vaughan's Land read 
three times & past to be Enacted. 

A bill for Peter Gillman, Rich d Jennes & Jotham Odiorn, 
George Jaffrey, Paul Gerrish Esqs be a Comittee to call in the 
£15000 loan read 3 times & past to be enacted. 

An act for regulating and ascertaining fees for a limitted time, 
viz. to y e 25 th [Dec] 1743, or until a new Table be made, read 3 
times & past to be enacted. All the above sent up pr Mr. 
Stephens. 

Mem . Mr. Hunking Wentworth Bro't in £62: 18: money 
rec d of y e Hansons left in his hands by the Speaker. 

Voted, That the said £62: 18 in Mr. Speakers hands be paid 
into the Treasury taking the Treasurer's rec* for the same for the 
Speakers Discharge. 

Several of the Delinquent absenting members fined. 

The House adjournd to Wednesday Decem r the first. 



Wednesday, Dec r 1 st 1742. The House met. 
South Hampton bill read. Mr. Sec y bro't the vote about Han- 
12 



178 PROVINCE OF NEW-HAMPSHIRE. [1742. 

sons money. Mr. Sec y Bro't the vote for appointing Mr. Odiorn 
to adjust the late Treasurer's Acc ts & left it. 

In the House of Represent, Voted That Mr. Jotham Odiorn be 
of this House to joyne such as the Hon ble y e Council shall appoint 
to audit Mr. Treasurer Sherburn's acc ts and make their Return as 
soon as possible to the Gen 1 Ass m sent. 

[p. 41.] Whereas the widow of Thomas Pinkam late of 
Dover in New hampshire complains that her late husband did 
inlist himself in his Maj ties service for the late Cuba Expedition 
and several of the members of the House say there was allowed 
him, the said Thorn Pinkam, the sum of two pounds forteen shil- 
lings for his subsistence money in y e service, which was never pd 
him or her, Wherefore Voted that the said widdow be paid out of 
the money in the Treasury for paym 1 of contingencies the said 
sum of two pound* fourteen shillings old Tenor, in foil of all De- 
mands. Sent up. 

In Council, Dec. the 1 st 1742. 
Province of New hamp 1 . Voted That Messrs Richard Wibird 
& Sam 1 Smith, Esqs. be a Comittee of this Board to joyne with 
such as shall be chosen by the Hon ble the House of Represent 8 for 
telling over & bringing in to the Gen 1 Ass m all such money as hath 
been rec d in order to the same being Burnt & that they make a 
report of what sum they shall receive from the several persons in 
whose hands the same now is. 

Theo. Atkinson, Sec y . 

Eod m Die. In the House of Represent The above Vote of 
Council read & concurr'd & Voted, That Messrs. Jotham Odiorn 
& Maj r Peter Gillman be a Comittee of this House to joyne the 
above Comittee for y e service therein mentioned. 

Voted, That Benj a Akerman be pd for his service as doorkeeper 
for the yeare 1742 Ending April next, the sum of seven pounds 
ten shillings Proclamation money. 

The House adjourn d for 1 1-2 houre p. m. 

P. M. Whereas all the constables in the Province do now 
Gen lly attend at the Quarter Sessions of the Peace and the Sup r 
Court which is of very great expence and hardship and like to be 
more so as the new Towns Increase and for which there is no al- 
lowance tho' some of them are Gen lly obliged to attend the Court 
the whole term, and for the more easy way of finding proper 
p'sons to attend the several Courts, Voted, That it shall be in the 
Power of each Court to appoint a proper person to attend said 
[p.42.] Court, who shall have as full power as any constable what- 
soever during y e sitting of y e court by whom he is or may be ap- 
pointed and that he be paid out of the publick Treasury the sum 
of 2s 6d new tenor pr diem on certificate from the clerk of y e Court 
that appoints him, and that all Constables are excused from at- 
tending said Courts, except making their proper Returns and that 



1742.] JOURNAL OF THE HOUSE. 179 

aii Act be drawn up accordingly Said Act to continue Ten yrs & 
no longer. 

South Hampton Bill sent up. 

Whereas the Law of this Province do now restrain the Justices 
of the Gen 1 Sessions of the Peace to a certain Limitation of Pub- 
lick Houses, which Law was made a long time since, And the 
People as well as Towns & precincts are verry much Increased 
so that the said Law is very deficient for want of a further Limi- 
tation a Liberty of Licensing proper p'sons in each Towne, &c. 

In the House of Represent 

Voted, That there be an additional act made giving Liberty 
that the Justices in their Gen 1 Sessions of the Peace Licence 
proper p'sons in proper places in each Town within this Province 
at their Discretion from time to time, the p'sons at the first time 
to be well recommended by the Selectmen in each P'ish or pre- 
cinct, and that an Act be drawn up accordingly, and to continue 
for ten years and no longer. 

Eod" 1 Die. Whereas there is no law to be found in this Prov- 
ince for constituting a Recorder of Deeds & Conveyances, but 
only ttsage, In the House of Represen ts , 

[p. 43.] Voted That an Act be drawn up That the Gen 1 As- 
sembly from time to time shall a] (point the Recorder of Deeds & 
Conveyances of Lands & Houses in this Province, And that in 
case of the Death of any such Recor 1 ' between any times of the 
meeting of the Gen 1 Assem. That in such case, there be a Comit- 
tee incerted in said Act appointing proper Persons that are Free- 
holders within this Province to take & secure the Records &c. 
until the next sitting of the Gen 1 Ass™ and then to deliver the 
same Records to the new chosen Recorder taking his rec 1 for the 
same to be returnd to the Gen 1 Ass' 11 . 

The House adjourn d to the 2 d curr*. 



Thursday Decern'' 2 d 1742, a. m. The House met. 

Notting" 1 : Bill read 3 times and past to be enacted. Tavern 
vote concurr'd & assented to. 

A mem presented by the Speaker sent from his Excell y to ad- 
dress his Majesty about y e Mass 8 Petitioning for y e confirmation 
of y e new Towns to them, for his Majesty not to confirm y e Grants 
&c. Sent up. 

A vote past to Prefer the mem & y l it be fairly written, and 
that Tho s Packer & John Gage, Esqs be a committee of the House 
to Joyne such as the Hon blc the Council shall appoint to write the 
agent to prefer the Same Mem and that this Goverm* may be at 
no other charge than preferring s' 1 Mem . 



180 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Memorial to his Majesty. 

[Copied from MS. " Addresses to the King in Secy s office," p. QQ.] 

To the King's Most Excellent Majesty in Council: The Humble Petition of 
the Council and Assembly of your Majesty's Province of New Hampshire 
in General Assembly convened : 

Humbly sheweth, 

That it has been your Majesty's Will and Pleasure to settle and determine 
the boundary lines between this and your Majesty's Province of New Hamp- 
shire and the Province of the Massachusetts Bay, which had been matter of 
dispute subsisting near seventy years. 

That your dutif'ull and Loyall subjects of the Province of New Hampshire 
being duly sensible of your Majesty's great goodness and compassion extended 
to them, in determining that unhappy dispute, show'd the great obedience 
thereto, and paid the whole expence in running and marking out the boun- 
dary lines, the charge whereof, together with what arose in defending them- 
selves against the claims of the Massachusetts while the matter was depend- 
ing before your Majesty, has greatly Impovrished the Inhabitants and tended 
to prevent the Increase of the Province. 

That in consequence of your Royal determination of our boundary the 
General Assembly have settled a Sallary on your Majesty's Governor under 
whose administration we are perfectly easy and happy to the utmost of our 
ability, and we doubt not but all succeeding Assemblies will pay the greatest 
regard to the Royall order in that Respect. 

That New Hampshire lookt upon this happy Event of your Majesty's wise 
and just determination as a means to put an end to all future disputes and 
expences ; but such is the restless temper of some of the wealthy Inhabitants 
of the Massachusetts and others by their instigation, that they seem to 
threaten the ruin of your Majesty's subjects in New Hampshire, by bringing 
upon them a new and an unnecessary load of debt, and having posses'd 
themselves of a larger tract of land in your Majesty's Province of New 
Hampshire than the old inhabitants have at this time under Impovement by 
virtue of their own grants, and without any reserve made of white pine trees 
fit for masting the Royal Navy, which is the tenor of all grants made by this 
Government, and the far greater part of said grants actually made when the 
dispute was pending before your Majesty in Council: Under these circum- 
stances, some of the Inhabitants of the Massachusetts Bay have presumed to 
Petition your Majesty to confirm those grants, and thereby make an infringe- 
ment on the most solemn Determination of the Great Council of the Nation,, 
approved of and confirmed by your Majesty. 

We therefore humbly beg leave to represent to your Majesty that all those 
Petitions have been obtained for sinistre ends and purposes disadvantageous 
to your Majesty, and should the Prayers of any of them be granted, and 
thereby the least infraction made in your Majesty's Royall and most solemn 
Determination of the boundarys run and settled, it would open a door for 
innumerable and endless disputes and contentions; for whereas the single 
boundary between the two Provinces has cost so many years Expence and 
Trouble, it must be impossible to hope that so many new and uncertain boun- 
darys as granting any of these petitions mUst create, can ever be settled, and 
therefore all that your Majesty has lately done for peace, happiness and Tran- 
quillity of your subjects must be rend'red fruitless and ineffectual, and your 
Majesty's subjects again plunged into a more deplorable state of confusion 
than that from which your Majesty in your great wisdom lately delivered them 
from, by your Royall determination of the so long contested boundarys be- 
tween the said Provinces. 

And we humbly begg leave further to represent to your Majesty, that your 
dutif'ull & faithful subjects of New Hampshire are utterly unable to defend 
themselves against the opulent Inhabitants of the Mass a Bay in any new con- 
test, & should the Petitioners be indulged to carry their designs into Execu- 
tion, it must brtng upon us a heavier charge than we are able to support 



1742.] JOURNAL OF THE HOUSE, 181 

under & we must be under a necessity to lay ourselves at your Majesty's feet 
for protection & assistance. 

Wherefore your Petitioners most humbly pray that your Majesty would be 
graciously pleased to reject all applications that have been made or may be 
made to your Majesty by the agents or Instruments of the Province of the 
Massachusetts Bay, which so manifestly tends to the utter destruction of New 
Hampshire, and to involve your Majesty's good subjects of both the said 
Provinces in endless disputes, and that your Majesty will not suffer the least 
infraction to be made in that only certain basis of peace and Tranquillity that 
your Majesty has most graciously fixed' and established by the late determin- 
ation of the certain Boundarys between the said Provinces. And your Pe- 
titioners as in duty bound shall ever Pray. 

Prov. N. Hamp r . 

In Council, Decern 1 " 2 d , 1742 
Read & concurr'd, & George Jaffrey & John Downing added 
to the Comittee 

Theodore Atkinson, Sec y . 

Eodem Die. Assented to B. Wentworth. 

John Eyers Petition Bro't down to be reconsidered & voted it 
lye for consideration till next Sessions. 

The House adjourned for 1 1-2 hour p. m. 

P. M. The House met. Sent up. There was bro't in by the 
Comittee for telling money y* must be burnt, £247 : 2 : 9 of Tax 
for y e years 1741 from Mr. Treasurer Sherburne & Burnt. 

The House adjourned to the 3 d curr* a. m. 



[p. 44.] Fryday, Dec r 3 d . The House met. 

Whereas there is two accompts Bro't in, the one to this House 
of sd accounts is sign'd by Ellis Huske, Esq. 1741, as a committee 
man for laying out the money adv a for the Repaire of Fort Wm 
& Mary, the other sign'd by Joseph Sherburn, Esq. Dated 24 th 
Feb y 1741, as another of said Comittee for the same service, Both 
which said accounts this House thinks very unreasonable and Ex- 
travagant in most articles, therefor the House cannot think fitt to 
allow them as they stand, and for further satisfaction in the affaire, 
Voted, That Mr. Jotham Ordiorne be of this House to joyne such 
as the Hon ble the Council shall appoint to go down to the Fort, 
in the recess of the Assembly and view w* has been done, and 
make strickt inquiry into w l has been done, and likewise of the 
expence and then to audit the accounts and receive what is due 
& pay it unto his Excellency for the further Repaire of the s d Fort 
and make return of their doings therein to the Gen 1 Ass m next 
Sessions. 

The Act about Constables Read & past to be Enacted & the 
act for Taverns &c. read & past to be Enacted. All sent up. 

Province of New hamp r X 3 d , 1742 
Rec d of Mr. Speaker Wiggin sixty two pounds eighteen shillings Bills of 
credit, it being so much that money in his hands of the money pd by Messrs 



182 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Hanson & Farr in full of a Debt due to the Province from the Estate of Rich d 
Gerrish Esq. deceased. £62 : 18. 

Pr. Geo. Jaffrey, Treasurer. 

Very Coppy of the orriginal taken in the House. 
Xbr y e 3d ? Money for y e Tax 1741, Burnt £229 : 10 

of Vaughan's Execution money £200 : pt 

of y e 1730£ 

of Coll. John Plaisted money, of y e £5780: £ 85: 10 

All burnt, which y e Speaker rec d o*f Elisha Plaisted & Mark Wentworths 
Bond. 

Indian Act read. House adjourn 4 for 1 1—2 hour p. m. 

[p. 45.] P. M. The act for Preventing selling strong Drink to 
y e Indians, The Act to continue 3 years and no longer read 3 
times & past to be enacted & engrost & sent up. 

The House adjourned to y e 4 th Curr* a. m. 



Saturday X br 4 th . The House met. 

Voted That Samuel Gillman, Esq. be of this House to joyne 
such as the Hon ble the Council shall appoint to draw up a new 
Table of Fees, Fines & Forfeitures in the Recess of the Assem- 
bly according to the act made and past this Sessions, and that 
they take what advice they think htt and present the same to the 
Gen 1 Ass m next Sessions. Sent up. 

Mr. Sec y came and said that the Council advised y* y e Bill re- 
lating to trade with the Indians lyes for consider 51 giving several 
good Reasons — one was y* it would destroy the Truck house at 
Fort Dumer.(l) 

A vote past for paying his Excell y Sallary y l will be due 12 th 
June next, as on fyle. 

Eod m Die. Voted that Messrs Jotham Odiorn & Mr. Hunking 
Wentworth be a Comittee of this House to joyne such as the 
Hon ble the Council shall appoint to adjust the late Treasurer Sher- 
burn's accompts in the recess of the Assembly agreeable to the 
votes past in y e Assembly, and transmitt them to his Excellency 
to be sent home. 

A vote on fyle for the Sec y to give up the Excise Bonds as they 
are paid. 

Mr. S — came and said his Excell y required the attend 3, of the 
House in the Council Chamber. 

The Speaker and the House went up accordingly & after his 
Excell y had assent and past the several acts, his Excell y ordered 
the Secretary to Prorogue the Gen 1 Assembly to y e tenth day of 
May next, and then declared in his Majesty's name the Gen 1 Ass m 
Prorogued, accordingly. 

(1) " Fort Dummer " was located on the east side of Connecticut River, within the limits 
of what is now the town of Hinsdale, N. H. It was established and maintained by Mas- 
sachusetts, and was very important for the defence of the western frontier.— Er>. 



MISCELLANEOUS PAPERS 



[The following Papers relate to matters in the foregoing Records. — Ed.] 

Bill for taxing the New Districts. 

[Copied from MS. Province Acts in Sec? 8 office, 1741-65.] 

Province of New Hampshire. 

[Province Seal.] Anno Regni Regis Georgii Secundi Magna? Brittanise, Fran- 
cise & Hibernioe Decimo Qninto. 

An act for subjecting all persons & Estates within this Province, lying to 
the Eastward or Northward of the northern and Eastern Boundary of the 
Province of the Massachusetts Bay (not being within any Township) to pay 
a tax (according to the rules herein prescribed) towards the support of this 
Government. 

Whereas by the late settlement of the Boundaries between this Province & 
the Province of the Massachusetts Bay by his Majesty in Council, it appears 
that many persons and the estates which they improve, are within this Prov- 
ince, which are not yet incorporated into Townships & have never paid their 
Proportion of the charge of supporting this Government, which they ought 
to do : — 

Be it therefore enacted by his Excellency the Governour. Council & Rep- 
resentatives in General Assembly convened, and by the authority of the 
same, that all polls and estates rateable by the Laws of this Province, which 
lye within the same, to the eastward or northward of the northern and east- 
ern Boundary of the Province of the Mass 3 Bay, which are not incorporated 
within any Township or Parish in this Province, shall be and hereby are sub- 
jected & ordered to pay a Tax towards the support of this Government, in 
such proportion as sball be fixed and settled pursuant to any Law or Laws of 
this Province or any Order of the General Court relating thereunto : and that 
the s d Tax may be regularly assessed on the s d polls and Estates, and* duly 
and effectually* levied :— Be it, therefore, enacted by the authority afores d , 
that the s d polls and estates shall be divided into certain Districts ; and that 
part of Salisbury and Almsbury, so called, which by the settlem* of the 
afores d Boundaries falls within this Province shall be, & hereby is, made one 
District; — That part of Methuen & Dracut, so called, situate as afores d , shall 
be and hereby is made one District; — Litchfield, so called, Nottingham [now 
Hudson] so called; — Part of Dunstable, so called: Rumford, so called, being 
all places situate in this Province as afores' 1 . Each shall be and hereby is, 
made one District. 

And be it further enacted by the authority afores d , That the person or per- 
sons hereinafter named for each of the s d Districts respectively shall be and 
hereby is & are authorized and' Enabled to notify such of the Inhabitants of 
the s d Districts, as, if incorporated, would be Qualified by Law to vote for the 
choice of Town officers, to appear at such time & place, as the s d Person or 
Persons shall determine and appoint within each District, by posting up a 
written Notification or notifications under his or their hands, at such place or 
places within the same as he or they shall think most likely to Notify the s d 



184 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Inhabitants, giveing ten days notice of such intended meeting, and the End 
& Designe thereof: — which meeting shall be regulated according to the Laws 
of this Province respecting Town meetings and be governed by such persons 
until a Moderator be chosen ; and then and there by a majority of such voters 
present, to choose a Clerk, three or five Selectmen or Assessors, a Collector or 
Collectors for each of the s d Districts ; which Clerk when chosen and sworn 
shall be and hereby is invested with all powers and authorities that any Town 
Clerk within this Province is by Law invested with ; and the s d Selectmen or 
Assessors when so chosen and Qualified, shall be and hereby are invested with 
full power and authority to assess the afores d Tax pursuant to Law, and to 
issue their warrant or warrants, directed to such Collector or Collectors for 
collecting or levying the same, pursuant to Law as afores d ; and also such 
Collector or Collectors when so chosen & Qualified shall have the same power 
& authority to collect & Levy the afores d Tax, which a Constable in any 
Town within this Province has by Law to collect & Levy rates and Taxes, and 
shall be subject to the same pains and penalties in default of due Perform- 
ance of this s d duty, to be executed in like manner ; and the s d Clerk and Se- 
lectmen or Assessors, Collector or Collectors shall be sworn by any one of 
His Majesty's Justices of the Peace within this Province, to the faithful dis- 
charge of their respective offices & Trusts, which oath they are hereby respec- 
tively ordered & Directed to take, when tendered to him or them, on pain and 
penalty of forfeiting and paying the sum of twenty pounds for each refusal, for 
the use of this Government, to be recovered by the Treasurer of this Province 
for the time then being, by Information or action before the Justices of the 
Inferior Court of Common Pleas for this Province, who shall have cognizance 
thereof, and either party that shall be aggrieved at the judgment of the s d 
Court, shall have Liberty hereby to appeal to the Superior Court of Judicature 
within this Province ; and if any of the s d officers shall not take the s d oath, 
when tendred to him on his being chosen as afores d , the s d voters shall judicially 
proceed to chuse another in his room, & so on till such shall be chosen as will 
take the Oath proper to his office, as afores d ; and the Justice of the Peace by 
whom the s d oath shall be tendred, shall transmit the name, place of abode 
& addition [condition] of every such Delinquent to the Treasurer afores d . 

And be it further enacted, by the authority afores d , That the Person who 
shall be chosen Clerk in each of the s d Districts, shall be and hereby is ap- 
pointed, authorized and directed, to take a true and perfect List & Inventory 
of all the rateable Polls & Estates within the same ; and to administer an oath 
to the owner or owners, possessor or possessors of any such rateable Estate 
that he, she or they will give & render unto him the s d Clerk a true and per- 
fect account of all his, her or their rateable Estate within such District, and 
also of the rateable Polls belonging to him, her or them within the same ; 
which List and Inventory the s d Clerk shall take before the twentieth day of 
May next, and shall make returne thereof to the General Assembly of this 
Province, by the third day of the next sitting thereof, alter the twentieth day 
of May next ; and in case any such person or persons shall refuse to take s d 
oath, or when taken, shall refuse or neglect to give & render to such Clerk 
such ace* as afores d when by him thereunto requested, every such Delinquent 
shall forfeit & pay a sum not exceeding fifty pounds, at the descretion of the 
Court where the same shall be recovered, which shall be in manner afores d for 
the use afbres d and the s d Clerk shall be and hereby is further ordered and di- 
rected forthwith to transmit to the s d Treasurer an acct. of the name, adition 
or occupation and place of abode of every such delinquent, and the s d Clerk, 
before he shall proceed to the execution of the Trusts hereby reposed in him 
and committed unto him relateing to the taking such Lists and Inventory, and 
all the afores d matters and things concerning the same, shall be sworn before 
any one of his Majesty's Justices of the Peace for s d Province, to the faithful 
discharge thereof; which oath the s d Clerk is hereby ordered and directed to 
take when tendred unto him on the Penalty of, forfeiting and paying the sum 
of fifty pounds, to be recovered as afores d for the use afores d , for the recov- 
ering which several forfeitures, the s d Treasurer is hereby directed to prose- 
cute as afores d . 

And for the encouragement of the s d Clerk to a faithful discharge of the s d 



1742.] MISCELLANEOUS PAPERS. 185 

trust, he shall receive out of the Public Treasury of this Province three pr 
cent 111 for the sum total of every such List and Inventory, as the same shall 
be rated and set by the General Assembly afores d . 

Richard Jennes of Rye, George Walton of Newington and Ebenezer Ste- 
vens of Kingston were appointed to call the first meeting of the inhabitants 
in each of the s d Districts. 

Passed March 18, 1741-2. 



Report of Commitee to call the first meetings in Towns. 

[Copied from MS. Corr. in Secretary's office, Vol. I, p. 157.] 

Province of New Hampshire. Portsmouth, 17 May, 1742. 

Wee the subscribers being appointed a Committee by the Governor, Coun- 
cil and Assembly, to call the first meetings in the several Towns within this 
Province [See Journal of the House, p. 153] that fall within the lines according 
to his Majesty's determination in Council, in order to their paying a Province 
tax, do declare that in that part of Salisbury, Almsbury, Haverhill, Methuen,- 
Dracut, Dunstable, Litchfield & Nottingham. & the other Towns we visited & 
held meetings in, the people were well satisfied & contented to be under the 
Government of New Hampshire, and that they were under no dissatisfaction 
upon any account but in three or four Towns where the Parrishes were divi- 
ded, which if by an act of both Governments, that is the Province of the Mas- 
sachusetts & New Hampshire, they could be enabled to carry on their Parrish 
affairs, they would in General be entirely easy. This we declare to be the 
truth according to the best of our knowledge before His Excellency Benning 
Wentwortb, Esq. Governor & Commander in Chief of his Majesty's Province 
of New Hampshire. 

Geo. Walton 
Eben 1 Stevens 
Richard Jennes. 



[p. 161.] Province of New hampshire. 

Ace* of Travels of the Comittee appointed by the Act of the Governm* for 
viewing the New Destricts falling into this Province Lying to the northward 
& Eastward of the Boundary Lines between this Prov : and the Mass a Bay, 
& for qualifying y e officers in the same. 

Ap 1 ' 11 th 
Wee of the Comittee opened the meeting att a place call'd Loggin Plain at 
the meeting house there Between Salisbury and Amsbury being by Informa- 
tion about 28 miles distant from Court. 
Voted, Mr. Ezekiel Morral, Moderator, Ruben Dymond Clerk. 
Sam* Smith 



Jno. Flanders 
Wm. Rowel 
Jona. Curriour 
Abraham Brown 



> Selectmen. £«£*£ 



Ap r 20 th 
Wee proceeded to Haverhill & opened the meeting att the meeting house 
there. Distance by way of Kingstown by information, 18 miles. 
Voted Coll Saltinson, (1) Moderator. Caleb Page, Cle r . 
Nich White 



Jno. Watts 
Daniel Little 
Christopher Bartlett 
Tho s Follinssbee 



Selectmen. Tho^Hallf 



(l)Saltonstall?— Er>. 



186 PROVINCE OF NEW-HAMPSHIRE. [1742. 

Ap r 21 st 
Wee proceeded to Methuen and opened y e meeting att the meeting house 
there. Distance from Haverhill, 8 miles. 
Voted Mr. Henry Sanders, moderator. John Ober, clerk. 

Fs^cclouln ^Selectmen ^*" U ^ [collectors. 

Hen: Sanders ) Eben' Ayres S 

Apr. 22 d 
Wee proceeded to Notingham (1), opened the meeting at the Meeting house 
there. Distance from Methuen 12 miles by Information. 
Voted, Capt. Henry Baldwin, moderator. Hen. Baldwin, Clerk. 
Capt. Hen: Baldwin ) 

Zechus Lovell > Selectmen. Tho s Gage, Collector. 

Jno. Snow ) 

Ap 1 " 23 fl 
From Notingham wee proceed to Merrimak River and ferried over to Dun- 
stable, Distance from Notingham 5 miles, opened the meeting there : 
Voted, Jos. Blanchard Esq. moderator, Abraham Taylor, Clerk. 
Abra: Taylor 1 

Tho s Harwood I a , , Enoch Hunt ) ^ n_ + _„ 

Sami Cummin \ ^ctmen. Hen parker \ Collector.. 

Jon a Lovell J 

Apr. 24 th 
Wee proceed to Leachheld. Opened the meeting att the meeting house 
there. Distance from Dunstable 10 miles. 
Voted Mr. Jacob Hildreth, moderator. Jacob Hildreth, clerk. 
Sam 1 Cochran ) 

John Usher > Selectmen. Alexander Caldwell, Collector. 

Jacob -Hildreth ) 

Ap r 27. 
Wee proceeded to Penny Cook alias Rumford, and opened the meeting 
there. Distance from Leachfield by way of Londonderry 42 by Information, 
But Direct by Amiskeek, 34. 
Voted, Capt. Eben 1 ' Easman, Moderator. Benj a Rolfe, Esq. Clerk. 
Capt. Eben 1 ' Easman ) q , . 
Benj a Rolfe, Esq. > ^ eci Geo. Abbott, Collector. 



Jeremiah Stickney 

From Penny Cook alias Rumford wee proceeded to the upper end of Con- 
toocook to. take a view of said Town. Distance from Rumford 10 miles by In- 
formation, where is settled 25 families; and from thence wee proceeded to 
Canterbury & through the same twelve miles. 

Persuant to the Act of Govern^ aforesaid wee the subscribers being the 
Committee appointed to call the aforesaid several meetings, Did sware the 
several aforesaid officers to the faithfull Discharge of their several offices and 
was upon said service out and home thirteen days, all 30s pr day for the three 
committee men, each, £58 : 10 

The charge of sending a man to put up the several notifications 

in the new Districts and the Proclamations for the Fast to each 

of the aforesaid Districts, £7 : 0:0 

£65: 10: 
To the Several Notifications & coppys ) 

To the Piloting from Town to Town > Eben 1 ' Stevens 

the Comittee have Discharged ) Richard Jennes 

Geo. Walton. 

(^Nottingham West, now Hudson.— Ed. 



1742.] MISCELLANEOUS PAPERS. 187 

In the House of Representatives, June 26, 1742 
Voted, the above Return'd be rec d and the accompt allowed, and what is 
unpaid to be paid out of the Public Treasury — This to be in full 

James Jeffrey Cler. Ass m 

In Council, Eod m Die, 
Read & Concurr'd. Theodore Atkinson, Secy. 

Eod m Die — Assented to. B. Wentwoeth. 

Warr* the 16 th August 1742. D' d Mr. Stevens. 



A Memorandum of sundry stores at Fort William and Mary. 

[p. 159.] May 3 d 1742. 

12 field P es , 9 of which without the Fort on the Neck, the Carriages much 
Defective & useless, — the other 3 in the Fort in the same condition. 

9(1) Large Guns on the south East Platform from 24 lb. to 32 lb. pounders, 
Carriages unfit for service. 

4 on the south east Platform by the Flagg Staff 32 lbs. The carriages un- 
fit for service. 

2 Do. on the north East Platform about 32 lbs carriages rotten. 

3 Do. on the North West Platform of 32 lb carriages rotten. 

9 smaller on the same Platform eaten with rust & unfit for service. 

2 small guns without carriages. 

2 one of which is on each side of the gate — carriages rotten 

[Stores.] 
10 Large Ladles 
2 sponges 

4 ramers 
4 worms 

180 shot abt 4 lbs 
7 iron crows 

17 small arms much out of repair & most without locks 
2 1-2 boxes Partridge shot. 
Some old ramers heads 
Some Cartridge Boxes 
27 Sheet Lead aprons 
6 bbs powder in 12 cask. 
Some sheet lead. About 300 large shot, 18 to 32 pounders. 

[Signed] G. Jafirey ] 

Jo. Odiorne | E 
T. Atkinson V Com ? t ^ 
E. Huske 
R. Wibird 



[p. 165.] 

The State of his Majestys Fort William & Mary taken by order of his Excel- 
lency Benning Wentworth, Esq. Captain General & Commander in Chief 
of his Majestys Province of New Hampshire. 
The Walls, Barricks, Flankers & Storehouses in said Garrison, except the 

gateway & Northeast corner require rebuilding from the Foundation. 

(l)This figure seems to have been altered ; somewhat doubtful whether 7 or 9.— Ed.. 



188 



PROVINCE OF NEW-HAMPSHIRE. [1742. 



[The remainder of the statement is a duplicate of the preceding " Memo- 
randum," certified as follows:] 

The foregoing is a true and & exact account of the State & stores of his 
Majestys Fort Win & Mary, taken the third day of May, 1742, By order of his 
Excellency Benning Wentworth, Esq. Gov. & Commander in Chief of his 
Majesty's Province of New Hampshire. 

Geo. Jaffrey 
Ellis Huske 
R. Wibird 
Theodore Atkinson 



Report about Stores in Fort Wm. & Mary, dc. 

[Copied from MS. Corr. in Sec? 8 office, p. 151.] 

At the Court at St. James's 

the 19 th day of January 1742 — 
Present 
The Kings Most Excellent Majesty in Council, 

Upon reading at the Board a Report from the Right Honourable the Lords 
of the Committee of Council for Plantation affairs, Dated the 17 th of this In- 
stant in the words following, viz. 

" Your Majesty having been pleased by your order in Council of the 15 th of 
September last to referr unto this Committee the humble address of your 
Majesty's Council and Assembly of the Province of New Hampshire, setting 
forth that Fort William & Mary, the only Fortification within that Province 
for the protection of Trade and security of the Ships that load Masts for your 
Majesty's Royal Navy, is in a ruinous and Defenceless Condition and, in time 
of Warr, in continual Danger of a Surprise from his Enimie, for want of 
Stores of War to defend it, and therefore most humbly entreating your Maj^ 
to grant them such a supply of Powder, great Guns and Carriages, small 
arms, and other Store of War, as your Majesty should think proper and suffi- 
cient to defend the said Province from an attact by the Sea & Land — The 
Lords of the Committee, in obedience to your Majesty's said order of Refer- 
ence, did, on the 24 th of Novenib 1 ' last, take the said address into their con- 
sideration, and thought proper to referr the same to the Master Generall of 
the ordnance, who hath transmitted to this Committee a Report made there- 
upon by the Board of Ordnance, Whereby it appears that as the Province of 
New Hamp 1 ' is now independent of the Governm* of the Massachusetts Bay, 
they can expect no succor from that Quarter, & that the said Fort, which they 
understand to be the only one there is in the Province, is in a ruinous and 
defenceless condition, and are, therefore of opinion that the same ought to be 
supplied with guns and Stores (Powder and small arms excepted) as well for 
the Protectionof Trade as for the security of ships that load masts for your 
Majesty's Navy; that as to the Guns now there, the said Board of Ordnance 
are apprehensive that they are not to be depended upon, and that all of them 
want carriages, and their Dimensions not being certified, they cannot supply 
the petty emptions proper, much less make carriages fit for them ; that they 
have no plan of the present Fort, nor can the Agent who has been discoursed 
with upon this occasion, furnish the said Board of Ordinance w th one; but, 
by the account both the Governor and he gives, the same must be in a man- 
ner entirely rebuilt, and the said Board cannot learn from him that there is 
any Person in the Province duly quallified to direct the Building a Fort suffi- 
cient to answer the ends proposed. Under these difficultys they can only 
offer their opinion that an able Engineer should be sent there with Instruc- 
tions to search & take the Dimensions of their Guns, to assist the Inhabi- 
tants in rebuilding Fort William and Mary, and to transmitt a plan thereoff, 
together with his report concerning the same ; that the said Board may be 
competent judges of what nature and number of Guns it may be proper to 



1742.] MISCELLANEOUS PAPERS. 189 

supply this Province with. The Lords of the Committee, upon considering 
thereof do agree humbly to report as their oppinion to your majesty, that an 
Engineer should be forthwith sent by the Board of Ordnance to that Province 
for the purpose aforesaid, unless there should happen to be one already in 
those parts, who may be able to attend this service." 

His Majesty, this day took the said Report into consideration and was 
pleased, with the advice of his Privy Council, to approve thereof, and to order 
as is hereby ordered, that an Engineer be forthwith sent over to the said Prov- 
ince of New Hampshire, unless there should happen to be one allready in 
those parts who may be able to attend the aforesaid service, and that he be 
Instructed to Search & take the Dimensions of the Guns which are now in 
the Province of New Hampshire, to assist the Inhabitants in rebuilding Fort 
William and Mary, and to transmitt a plan thereof, together with his report 
concerning the same, to the Board of Ordnance, that they may be enabled to 
represent to his Maj ty at this Board, the nature and number of Guns it may 
be proper to supply this Province with. And his Grace the Duke of Mon- 
tague, Master Gennerall of the Ordnance to give the necessary Directions 
herein accordingly. 

W. Sharpe. 
To his Grace, the Duke of Montague, 

Master General of the Ordnance. 



Governor'' 8 Orders. 

[p. 155.] Province of / 

New Hampshire ) Portsmouth, Jan. 31, 1742. 

It having been represented to his Excellency that many of the Inhabitants 
residing on the King's Lands, since his Majesty has been pleased to determine 
the boundarys between this Province & the Massachusetts Bay, have refused 
to pay their Taxes towards the support of their Ministers, alledging that there 
is no Law of the Province to oblige them thereto ; I am therefore by his Ex- 
cellency's Command to inform the respective Inhabitants, that it will be very 
agreeable to the Governor that you & each of you, who have been delinquent 
on that occasion, do forthwith comply with your obligations in regard to the 
payment of your Ministers, as a contrary behaviour will incur his Excel- 
lency's displeasure. 

By his Excellency's Command, 
To the Several Inhabitants on 

the King's Lands in New Hampshire. 

Coppys Delivered to Messrs Ashley &, Bacon ministers at Winchester & As- 
suelot on Connecticut. 



190 PROVINCE OF NEW-HAMPSHIRE. t [1743. 



[Journal of the House resumed .] 

[p. 47.] Tuesday May the 10 th A. D. 1748, a. m. 

The House met according to Prorogation. Adjourn'd for 2 
hours p. m. 

P. M. A Mess 11 sent to let his Excell y know there was a Quo- 
rum of the House met. Mr. Secretary came with a Mess a That 
his Excell y required the attend 11 of Mr. Speaker and the House in 
the Council Chamber. Mr. Speaker and the House went up ac- 
cordingly. His Excell y made a Speech. Mr. Speaker obt d a copy 
<& return'd, and some papers referVl to jn the speech. The Speech 
was read and a Parragraph of Mr. Agents Letter. 

[See Journal of General Assembly, May 10, 1743.] 

Report of the Board of Trade on our Bills sent home read. 

Voted, That James Clarkson & Peter Gillman, Esqs. be a Co- 
mittee of this House to draw an answer to his Excelly 8 speech as 
soon as possible & present it to the House for acceptance. 

Then the House adjourn' 1 to the 11 th curr 4 a. m. 



Wednesday the 11 th curr 1 , A. D. 1748, a. m. The House met. 

Mr. Speaker, Capt. Gilman & Capt Wallensford was chosen a 
Committee of the House to waite on his Excell y ab* a Register of 
Deeds, &c. 

A Mess* sent pr Mr. Packer to the Council to pray a con- 
ferrence. 

Mr. Sec y came in answer that 'twas near 1 of the clock & 
that his Excell y should be notified. The House adjournd for 2 
hours, p. m. 

P. M. A vote past for paying the Represent" y* day at 
Stretham. 

The House adjournd to the 12 th eurr* a. m. 



Thursday May 12 th . The House met. 

Whereas there was sundry Petitions prefer' d to the Gen 11 As- 
sembly last Sessions, which were to be heard the 3 d day of the 
sitting of the Gen 11 Ass m which now happens, & the Gen 11 Ass in 
being now on affaires of great consequence & cannot attend such 
hearings, Therefore Voted That the said hearings be put off to y® 



1743.] JOURNAL OF THE HOUSE. 191 

I 

24 th curr*, and then all p'sons concerned are to attend if the Gen 11 
[p. 48.] Ass m be then sitting, otherwise to appeare the 3 rd day of 
the sitting of the Gen 11 Ass m at their next sessions. 

The House adjournd for 2 hours p. m. 

P. M. The Cl'k, Mr. H. Wentworth, & Capt. Gage were voted 
a Committee to draw up a vote for chusing a Recorder. 

The House adjournd to the 13 th curr*. 



Friday, May 13 th — the House met, and the Dra' T of the Vote 
Read. 

A Petition of sundry of the Inhabitants of the West End of 
Dover praying for a new District bro't in. The vote for Recorder, 
Draw'd & Read & voted & sent up. 

Dover Pet n read, <fc voted they serve the selectmen of Dover & 
Durham to appeare the 3 d day of the sitting of the Gen 1 Ass" 1 . 
Sent up. 

The House adjourn'd for 2 hours p. m. 

P. M. A Mess a Bro't from the Council relating to the Records 
vote. 

A Petition from some persons in Xorth Hill District Bro't in. 

The answer of the Councillors Speech read & voted accepted, 
read, — lv for consideration. The House adjournd to the 14 th curr*. 



[The Message or Speech by the Council here referred to is not found on 
record or on file, but the following answer to it is copied from MS. Corres- 
pondence, in Sec^ office, p. 167. — Ed.] 

The answer of the House of Representatives to the Message of the Hon- 
ourable his Majesty's Council of the 13 th curr* Relateing to the House's Vote 
for choosing of a Recorder. 

Gentlemen of the Council, 

By your Mess a of the 13 rh Inst you are pleased to observe to us. It is of the 
most dangerous consequence to make the least infraction in the Constitu- 
tional Rights & Priviledges of any Government (and then go on further to say) 
" which by your vote of this day you seem to have done in respect of the 
choyce of a recorder.'* To which we answer. That the least infraction on the 
Constitutional Rights & Priviledges of any Government is dangerous. But 
how choosing of a Recorder for the preservation & safety of the rights of this 
People only which they have purchased at so Dear a Rate, does center in the 
three parts of the Legislature & reckoned a Constitutional right, or how his 
Majesty's Council can have their Power dissolved by placing that power in 
one branch which absolutely belongs to it, we cannot see it to be the least In- 
fringement on the prerogative, or the invading their right in the least ; neither 
•can we see what the prerogative has to do w th the records of the People's 
Rights & Titles of their Lands, &c. And as for the Councils saying they will 
Joyn y e House according to the known Rules <£: Customs of the Government, 
we know no established Rule or Law for lodging y l power in the three 
branches of the Legislature & wresting such a Priviledge from the People 



192 PROVINCE OF NEW-HAMPSHIRE. [1743. 

| 

even by any custom immemorial, & allow it had been a custom for some time, 
yet as we have some considerable alterations in y e Government, & when the 
People see y e Dangerous consequences attending the same in taking away 
from them one of their most valuable Privi ledges & to be guilty of confirming 
the same, wo'd as we apprehend be establishing Iniquity by a Law, & must 
therefore be the most Dangerous & fatal foundation for the Interest of the 
good People of this Province — for should the three parts of y e Legislature 
not agree (as it might happen) our Records might be shut up for ever. 

So upon the whole y f as the Honourable Council is pleased to tell us y* the 
heavy charge y* has or may attend a delay of this affair may not rest w th 
them, to this we say that if we must be subjected to a method w dl has a 
Direct tendency to the giving up a most valuable priviledge of the People, if 
the charge is considered, we cannot conceive by any means how it is any fault 
in us, for by the same rule we may surender all all our Priviledges. For which 
reasons we can by no means comply with the method proposed by his Majes- 
ty's Council ; & yet at the same time if it can be done in a method whereby 
the right may be still invested jn the People only of choosing a Recorder & 
preserving to them so valuable a Priviledge, its very far from us to enter into 
any Disputes w th his Majesty's Council upon this — if their objection to our 
vote be only w t effect (1) to the Town Clark & Select men of Portsm . 



Saturday May 14 th the House met. 

The answer to the [Govr s ] speech, sent up (2). 

North P'ish Hampton Petition read & voted it be dismiss'd. 
An answer to the Council's Mess a yesterday ab 4 the Recorder 
made & sent up. The late Treasurer Sherburn's acct" past & 
sent up. 

A vote sent up praying his Excel l y to adjourn over for a week. 
Mr. Secretary came with a Mess a from his Excell 7 , That in com- 
plyance with the Request of the House he had Directed him to 
adjourn y e Gen 11 Ass m to y e 23 d curr't, and he declared the Gen 11 
Ass m adjourn'd accordingly. 

An adjoumm* of eight Days to 23 d May, 1743. 



[p. 49.] Monday, May 23 d A. D. 1743, a. m. the House met 
and adjourn'd for 2 Hours, p. m. 

P. M. Ric'h d Hilton's Petition for Revival of case before the 
Gov r & Council, read & voted that Ellis Huske be notified to 
appear & shew cause (if any) why the Prayer of the Petition 
may not be granted, on Thursday the 2 d June, if then sitting, 
otherwise the 3 d day of y e next Sessions of Gen 11 Ass m . 

A Petition of the Freeholders and Inhabitants of Sumersworth 
praying to be remedied some inconveniences ab* cons* & for Spec- 
iall Boundaries &c. read. 

The House adjourn'd to the 24 th curr*. 

(1) The writing is scarcely legible, and the meaning obscure. — Ed. 

(2) This answer is recorded in the " Journal of the General Assembly "— vide.— Ed. 



1743.] JOURNAL OF THE HOUSE. 193 

Tuesday May 24 th the House met. For an answer to the 
Council Mess a a vote ab* a Recorder, sent up. 

Voted, That Messrs Eben r Stephens, Geo. Walton and Richard 
Jennes be a Comittee of this House to Joyne such as the Hon ble 
the Council shall app t to Draw up an Act to enable the several 
new Inhabitants to the northward of the Line lately settled be- 
tween y e Provinces of the Mass a & New hampshire — to impower 
them to make Rates and assesm ts as Towns and precincts in this 
Province do. Sent up. 

P. M. Voted That Messrs Stephens, Walton & Jennes be a 
Comittee of this house to joyne such as the Hon ble the Council 
shall appoint to Draw up an act enabling the Selectmen of Each 
Parrish and Precinct within this Province at any time (on the 
death or Incapacity of any Constable or other Town officer) to 
call a meeting of the Freeholders Quallih'ed by Law to vote to 
make choice of a proper p'son or p'sons to supply the place or 
places of such Constable or other officer or officers — The Laws 
already in force limmiting such choice only to the annual meet- 
ings. Sent up. 

Brentwood Petitioners and their opposites heard by their 
Council. 

Mess a by Mr. Secretary & Wibird Bro't an answer to our Mess a 
ab' a Recorder & that the Council are willing to comitt the choice 
of a Record" in the old way, and into any Act for securing the 
Records & making a Duplicate to be lodged as the House shall 
see meet, and that 40 years ago Gov r Usher acted ab* the Records. 
& Brentwood Petition Entred as voted on. 

The House adjourn' d to the 25 th curr 1 . 



Wednesday, May 25 th the House met. The Petition of John 
Page & Benj a Baker of South Hampton Read, & they & the 
Selectmen of South Hampton heard & voted that the Petition be 
dismist. 

[p. 50.] Mr. Sec/ & Wibird bro't down Brentwood Petition to 
be reconsidered. 

Mr. Sec y & Elis Huske came with a Mess a & copies ab* a Re- 
corder: Voted, That a Mess a be sent to Mr. Daniel Pierce (in 
whose custody the Records of Deeds, &c. are since the Death of 
his father who was the Recorder) to appeare at the House Ime- 
diately. Mr. Jon a. Thomson sent. 

Mr. Sec y came into the House with the Records of the Council 
in 1702, in Gov. Dudleys time. Mr. Daniel Pierce came, and said 
the Records were in his custody. Then the House desiered him 
to keep them till some Legal authority should demand them. 

Somersworth Petition read & voted to serve the Selectmen of 
Dover, and to app r y e 3 d day of the next Sess 8 . 
13 



194 PROVINCE OF NEW-HAMPSHIRE. [1743. 

P. M. The Petition of the old Parrish of Kingstown & the 
East P'ish Respond* 8 , argued & voted to be Dismist. 

J. Jeffry Cler. Ass m . 

The House adjourn d to the 26 th curr*. 



Thursday May 26 th the House met. A vote past for an answer 

to the Sec ys Mess a from the Council, as on file, sent up. 

Answer to the Council's Message, May 26, 1743. 

[Copied from MS. " Correspondence," in Secretary's office, p. 171.] 

In the House of Representatives, May 26 th 1743. Voted That there be a 
Message sent to his Maj ts Council as follows, viz. 

Gentlemen of the Council — 

By your verbal message yesterday to this House delivered by Mr. Sec- V At- 
kinson you was pleased to observe that y e Choise of a Recorder has been al- 
ways in y e Three Branches of y e Legislature, and for proofs thereof at y e 
same time delivered sundry Records or Minuits from y e Council Books, w ch 
we have carefully Examined. The Act on which you seam to Rely and point 
out, is bearing date y e 8 th of June 1697, which is as follows : 

" Be it Enacted by y e President and Council and Representatives convened 
" in General Assembly, and it is hereby Enacted by y e authority of y e same, 
"' that all Records of all kinds Belonging to this Province before y e arrival here 
" of Jno. Usher, Esq. Lieut, Gov 1 ' be deposited into y e hands of Maj r Wm. 
"' Vaughan, Esq. at Portsm , he giving copies to any that have occasion taking 
ii the usual Fees for y e same/ 1 

But how this act shews that this Gentleman was then chosen a Recorder 
tor this Province we can't conceive (for it plainly says y e Records of all kinds) 
so by y l Rule he was then chosen into many other offices even as many as 
had publick Records, w ch to us seems very preposterous ; but we rather incline 
to Believe y e true Intent was that y e Records of all kinds was then Delivered 
into Mr. Vaughan' s hands for safe keeping; For as some time before y e good 
people of this Province seemed to be threatened with y e total loss or at least 
y e misuse of y 1 ' Records, and so its likely had been, had not Capt. Jno Pickrin 
by force taken them from one Sec^ Chamberlin(l), under Gov 1 ' Cranfields ad- 
ministration in y e year 1689. Since which and from that time up to this time 
until within about this 20 years it never appears to us that y e choise of a Re- 
corder was by y e Gov 1 ' Council and Representatives ; and indeed had y e Pres- 
ident (2) been longer we should think would have no weight at all considering 
all things, for as this Province was mostly under a Gov 1 ' who was att y e same 
time Gov 1 ' of y e Mass' 1 and y e Intrest of that and our Province of N. H. clash- 
ing, and y e Gov 1 ' mostly maintained out of that Province w ch naturly had a 
tendency to alienate their hearts from us, so we apprehend did not seem so 
likely that we could have common justice done us ; but now that Difficulty 
being removed we hope and trust and have y e greatest Reason to Depend on 
Justice, clemency and favour from his Excellency & this Hon ble body, in es- 
tablishing our Rights & Priviledges, so that on y e most mature Deliberation 
and as well as by y e advice of our constituants, we adhere to our former vote. 

(1) See Vol. II, Province Records, pp. 295-296, and Vol. Ill, pp. 297-299.— Ed. 
|2) Precedent?— Ed. 



1748.] JOURNAL OF THE HOUSE. 195 

P.M. 

Chester selectmens Petition about a Road from thence to Lon- 
donderry, to revive a Petition of the like nature formerly pre- 
sented & their Respondents of the Town of Londonderry were 
heard by Councill & 

Voted, That there be a Comittee sent to view the High ways, 
viz. y* which is layd out and y* which is Petitioned to be laid out 
and the said Comittee to make Return to the Gen 11 Ass m at their 
next sessions, which place is most proper for a High way, and 
upon the Comittees Return to consider who shall pay the charge: 
and that Geo. Walton & Richard Jennes, Esqs. be a Comittee 
from this House to joyne such as the Hon ble the Council shall 
app* to do the service above said. Sent up. The House then ad- 
journ'd to the 27 th curr*. 



Fry day May 27 th — the House met. Rich d Perry's petition 
read for 5 years wages of his son Richard Perry. 

Mr. Sec>" & R, Wibird, Esq. came 'a Mess a ab l a Re- 
corder, they say don't know w* vote the House refer'd to in the 
Mess a & V y e Council are resolved to adhere to their Mess a and 
y t they will not give up their Right. 

P. M. Mr. Sec- V came with a Mess 3 ab ( the Records & bro't a 
coppy of Maj Vaughan in 1700 By the Gen 1 Ass m (l). 

A vote past for a Mess a to be sent up ab't a Recorder to be 
drawn faire & sent to morrow. 

Voted, That Rich d Perry be paid out of the Publick Treasury 
£75 old Ten r for his sons wages as a souldier at Fort Wm & Mary 
from March 1787 to March 1742, in full of all demands. The 
House adjourn'd to y e 28 th curr*. 



[p. 51.] Saturday May 28 th 1743 — The House met, 
The Mess a of the House in answ r to Mr. Sec- V & Wibirds ver- 
ball Mess a & Perry's Petition sent up. 

[Copied from MS. Corr. in Secretary's office, p. 173.1 

In y e House of Representatives, May y e 28 th 1743. 
Gentlemen of y e Council 

By your verbal message of the 27 th curr* Delivered by Sec)' Atkinson & 
Rich d Wibird Esq r as you seem to be fixed and determined in choosing a Re- 
corder by y e three branches of y e Legislature, to w ch we can by no means 
consent to, for y e many Reasons heretofore given you, but att the same time 
rather than to have any Dispute with his Maj ties Councill on this affaire we 
would consent to this, viz : 

That ye Towns in this Province that doe send Representatives shall choose 

(1)See Province Records, Vol. II, pp. 295, 296, 302.— Ed. 



196 PROVINCE OF NEW-HAMPSHIRE. [1743. 

in each Respective Town the same number of men to be Electors, and when 
60 chosen shall meet together and choose a Recorder; so that if his Maj ties 
Council shall think proper to come into this method or any other whereby y e 
choise of a Recorder may be invested in y e people only, whose Right we es- 
teem it to be, we shall come into it. 

Voted, That Rich d Jennes & Geo. Walton Esqs. be a Comittee 
of this House to joyne such as the Hon ble the Council shall ap- 
point to Farm out the Excise of this Province and to do it by 
Publick Vendue to the Highest Bidder, and to lett it for two 
years from the 15 th May curr 1 , the farmer to give security and to 
pay halfe yearely. Sent up. 

Mr. Sec y came with a Mess a from the President of the Council 
to know if the House had any thing to send up. The Speaker 
answered there was nothing before the House to send up. 

Then the Sec y said he was directed to adjourn the Gen 11 Ass m 
to Monday next 4 o'clock, and Declared the Ass m adjourn'd ac- 
cordingly. 



Monday, May 30 th p. m. the House met. The House adjourned 
to the 31 st curr 1 . 



Tuesday May 31 st . — The House met. Voted that Messrs Jo- 
tham Odiorne & Hunking Wentworth be a Comittee of this 
House to joyne such as the Hon ble the Council shall appoint to 
tell over all such money as is to be Burnt, this Sessions, and make 
return thereof. Sent up. 

J. J. Clr. Ass m . 

Sam 1 Solley Esq. Bro't sev 1 merch 8 Petition Read & voted the 
Prayer of the Pet n . 

Voted That Messrs Peter Gilman & Mr. Hunking Wentworth 
be a Comittee of this House to joyne such as the Hon ble the 
Council shall appoint to audit the Treasurer's Accompts and all 
other accompts of the Province Bro't in this Sessions and to 
make their Return to the Gen 1 Ass m for acceptance. Sent up. 

J. J. Cler. Ass m . 

Voted, That Thos Packer & Ichabod Roby Esq. be a Comittee 
of this House to joyne such as the Hon ble the Council shall app 1 
to Draw up an Additional act for ascertaining the size of Shingle, 
packing Pork &c. in ans r to the Merch ts Peti n . Sent up. 

P. M. Mr. Sec y came w th a Mess a from Gov 1 " & Council that 
the vote ab't Constables &c. was concurred. Capt. Odiorne add d 
to Comitte H. Sherburn & Ellis Huske, & Excise H. Sher b & Jos. 
Sherburn & Boards &c. Odiorn & Wibird & also an ans 1 ' from y e 
Council y l they can't com into the vote ab't y e Records & y* hi& 



1743.] JOURNAL OF THE HOUSE. 19T 

Excell 7 had given him in Com d to Direct the House to proceed to 
the choice of a Recorder & let not the Records be shut up any 
longer. 

The House then adjourned to the first day of June 1743. 



[p. 52.] Wednesday, June the 1 st 1743. The House met. 
An Ans r to the Sec ys verbal Mess a yesterday from the Council 
ab't a Recorder; another to his Excell y ab't the same. Sent up. 

[Copied from MS. Corr. in Secretary's office, p. 175.] 

In the House of Representatives June 1 st , 1743. Voted, That there be a 
Message sent to his Majesty's Council in Answer to their Message yesterday 
sent down by the Secretary as follows, viz. 

Gentlemen of the Council — 

By your verbal Message to this House yesterday by Mr. Secretary Atkinson, 
with respect to our votes & Messages for a Recorder, you was pleased to tell 
us that you could not by any means comply with them in one shape or 
another: To which we answer That the House in condesention to his Majes- 
ty's Council proposed sundry ways whereby a Recorder might be chosen — 
Provided it might be invested in the People whose undoubted right and Privi- 
lege we esteem it to be, & proposed to comply with it in any reasonable way. 
But since you seem to be resolved not to concur with us in any of our pro- 
posals, but insist on your own, which method we apprehend strips his Majes- 
ty's good subjects of a very valuable Priviledge to which we can by no means 
consent to, But are determined to adhere to our last vote in our Message, 
sent up the 28 th of May last, with respect to a Recorder. 



Message to his Excellency. 
[Copied from MS. Corr. in Secretary's office, p. 169.] 

In the House of Representatives, June 1 st 1743. 

Voted, That there be a Message sent to his Excellency, as follows, viz. 
May it please your Excellency, 

By your Excellency's verbal Message of yesterday by Mr. Secretary Atkin- 
son, Telling us that we had sat this fortnight and done nothing & therefore 
desired we would proceed to the cboyce of a Recorder, that so the Records 
might be secured & opened — To which we beg leave to make the following 
Reply: As to the security of the Records, we have endeavoured that they be 
secured for the present, and as soon as an Act can be obtained of the General 
Court investing the People either by themselves or their Representatives with 
Power to choose a recorder, which we think is their undoubted Right & Privi- 
lidge, we will imediately proceed to the choice of one so as the Records may 
be opened imediately. 

Voted, That whereas the last Act for proportioning the Prov- 
ince Tax on the several Towns, &c. in this Province is neare Ex- 
piring, That there be an Act drawn up enabling the Treasurer to 
make out his Warrants for the Province Tax for two years ac- 



198 PROVINCE OF NEW-HAMPSHIRE. [1743. 

cording to the last Proportion, y n a new Proportion to be niade r 
and that Capt. John Gage be of this House to joyne such as the 
Hon ble the Council shall appoint to draw up said act. Sent up. 
Mended p. m. sent up. 

Voted, That Capt. John Gage be pd out of the Publick Treas- 
ury the sum of seven Pounds old Tennor for a pre. of Blankets 
the supplyd Capt. Cowas & his Squaw, Pr his Excellency's order. 

P. M. Mr. Secretary came with a Mess a from his Excell y ab l 
the Mess a we sent up this day, That, his Excellency could not 
understand w l was meant by the House saying they had secured 
the Records & also that the Mess a was mistaking his Mess a yes- 
terday in saying that the House had sat a fortnight and don noth- 
ing, and further That his Excellency has nothing before him 
about y e Recorder. 

The House adjourned to the 2 d curr'. 



Thursday June the 2 d , 1743 — the House met. 

Mr. Mack Gregory's Petition read. Voted to notifie the advers 
party. Mr. Parker & others Petition read for a gate or gates & 
voted to serv y e Selectmen of Portsm . Both to be heard Tues- 
day next, or the 2 d day of the next — to shew cause. Sent up. 

P. M. The House adjourn'd to the 3 d curr*.. 



Fryday, the 3 d June, a. m. the House met. 

Whereas Mr. Sam 1 Morrison of Londonderry has represented 
to this House, That sundry persons living in Windham within 
the boundaries of Londonderry, has been rated to the Province 
Tax for the yeare 1742, both in Windham and in the District of 
Dracut & Methune, by virtue of the Act for Proportioning the 
Towns & Districts within this Province, and that Justice may be 
done, and the People not be double taxed & that the Gen 11 Ass ra 
may be rightly inform' d of the matter, Voted that the select men 
of Windam and also of the District of Methune and Dracut be 
and hereby are Directed to give Mr. Andrew Todd a list of the 
Rates of those p'sons y* were so Rated to the Province Tax for 
the yeare 1742, & that the said Mr. Todd bring it with him to the 
Ass m That they may act as is most conducive to Justice & that 
the Constables of both Districts be forbid to make distres till 
further order. 

[p. 53.] John Downing Esq. Bro't down the Table of fees. 

P. M. The Hilton's made a motion to be heard but they hav- 
ing slipt the day and the advers p'ty to be new notified, who ap- 
pearing s d his attorney was lame & could not attend, & desiered 
it might be put of till tomorrow, w ch is granted at 9 o' the clock. 



1748.] JOURNAL OF THE HOUSE. 199 

J. Sherburn & S. Solley, Esqs. Bro't down a Mess a from the 
Hon ble the Council relating a Recorder. The House adjourn'd to 
the 4 th curr*. 

Message from the Council. 
[Copied from MS. Corr. in Secretary's office, p. 181.] 

Province of New Hampsh r 

At a Council & General Assembly held at Portsm bv adjournment upon 
Fryday, June the 3 d 1743, A. m. 

His Majesty's Council came to the following resolve, That a Message be 
sent to the Hon ble the House of Eepresentatives in the following words, viz. 

Gentlemen 

Forasmuch as a Delay in the appointment of a Recorder is both Dishon- 
ourable to the Province & verry Injurious to many of his Maj r >' s subjects with 
respect to their Rights of freehold in this Province, The Law cannot have its 
due course in the respective Courts, & Private Persons in the utmost uncer- 
tainty in Buying & selling of any freehold Estate — We therefore earnestly 
recomend to your consideration the speedy choice of a recorder in the usual 
& comon method that hath been Practised for more than Twenty years past, 
in all which time & long before we find his Majesty's Council ever had a 
voyce, & therefore can by no means consistant with our Honour or oath make 
any alteration in the method of choosing : But do assure the Hon ble House 
we are willing & ready to joyn them in passing any Act for securing the 
Records by Prescribing the Qualifications of the Recorder either with respect 
to his real Estate in this Province, or the Bond that shall be required of him, 
or any other Qualification that shall be tho't necessary 

By order of Council 

Theodore Atkinson. Sec- V . 



Saturday June the 4 th 1743 a. m. The House met. 

Allowed the Comittee for drawing a new Table of Fees the 
sum of forty three Pounds old Tenour. 

Voted, That there be a Comittee of this House appointed to 
treat with a Comittee of the Hon ble the Council about a method 
for choosing a Recorder, and that Mr. Clarkson, Peter Gilman, 
John Gage & Ebenezer Stephens, Esqs be the said Comittee from 
this House for said affaire, and to do the same forthwith. Sent up. 

Mr. See 3 " came with a Mess a that the Council had chose a Com- 
ittee, & the Comittee of Council in answer to the above vote was 
ready to attend the aiiaire in the Council Chamber. 

The Comittee of the House went up, & returnci & said that 
they could not come to any method; and then y e House unani- 
mously voted to adhere to their former Mess a & vote. 

P. M. An act in add" to an act ab't choice of Town officers, 
may be chosen at any other time than the animal meeting, read a 
2 d time. 

Mr. Sec v came with a verbal Mess 11 from his Excel!-", viz. To 
know T if the House would proceed to the choice of a Recorder ; 
the Speaker askYl if it must be don this afternoon, The ans r yes, 
and expected an answer & returnci. 



200 PROVINCE OF NEW-HAMPSHIRE. [1743. 

Then the House debated on y e Mess a (several members being 
absent) the House came into this Resolve, viz. That the House is 
ready to proceed to the choice of a Recorder according to their 
last vote. A Mess a sent up. 

Mr. Sec y came & said, His Excell y had directed him to adjourn 
the Gen 1 Ass m to Monday next 10 o' the clock before noone & 
then declared the Gen 1 Ass m adjournd accord 7 . 



Monday June the 6 th . The House met. 
P. M. The House adjournd to the 7 th curr' 



Tuesday, the 7 th . The House met. Adj d to 3 o'clock, p. m. 

P. M. The Sec y came with a written Mess a from his Exceli y , 
and also that his Excell y did not desier nor expect any written 
answer, but that the House would proceed to Business as in the 
Mess a D d . 

The House adjournd to the 8 th curr 4 . 

Message of his Excellency, June 6 th , 1743. 
[Copied from "Gov rs Messages," in Secretary's office, p. 253.] 

Gentlemen of the Assembly — 

The message I sent you on Saturday last, by the Secretary, required a Cate- 
gorical Answer ; instead of which, the answer you were pleased to return- 
was, that the House was ready to proceed to the choice of a Recorder con, 
formable to their own votes only, which I did not regard as an answer to my 
Message. This made it necessary for me to adjourn the General Assembly to 
this day. 

On the 10 th of May I met you in General Assembly, and after I had recom- 
mended in the most earnest manner, that unanimity & a serious attention to 
the public good might spread thro' every branch of power, I moved to you in 
terms which you have not forgot, that you would proceed to the choice of a 
Provincial Recorder, which to this day you have disregarded. 

Upon the death of the Hon ble Joshua Peirce, Esq. late Recorder, I gave you 
an early testimony of my concern for the public, respecting the Records, 
whereby you had an opportunity put into your hands to open the records. 

Imediately, and without any prejudice as I conceived to the Constitution, 
this you rejected; — for what reason I am not at present able to determine. 

The present state of the Records I must observe to you, prevents the Courts 
of Law & Justice from having their due course, opens wide gates for expen- 
sive disputes amongst the people, greatly prejudicial to his Majesty's good 
subjects, & prevents me carrying my Royal Master's commands into Execu- 
tion ; and if you, Gentlemen, thr° a mistaken zeal for the public good, or an 
over tenderness for the rights of the people originate disputes with his Maj- 
esty's Council on the mode of choice only (whether against Law, & precedent, 
I leave you to judge) who shall be answerable for the Event. 

Gentlemen 

Let me advise you to consider who you are contending with. Is it not with 
yourselves ? Consider the evils that may arise from this dispute, and con- 



1743.] JOURNAL OF THE HOUSE. 201 

sider also, that if it does not happyly Issue, it may terminate in takeing out 
of your bands what you are contending for, which otherwise might remain 
unshaken, & you & your Posterity might continue in the full enjoyment of 
this valuable privilege to the end of time. 

The Enemies of our Constitution & Government will never gain any ad- 
vantage over you while you are united amongst yourselves, but if once this 
Union is dissolved & the public tranquillity broken, the Enemy will soon take 
the advantage of our calamity. This has been the unhappy fate of great 
Citys & Kingdoms & may be ours, should intestine Jars & animosities pre- 
vail amongst us. 

In the close of my first speech from the chair I caution'd you against false 
representations of things, which if once received, might deceive the honest 
& well disposed minds ; I caution'd you also against persons that might make 
the lest attempt on the public tranquillity, let the attempt be disguised under 
any specious pretence whatever. Such a conduct I told you would give 
weight to your public deliberations & reflect honour on the Government. 

Be assured that in this Message I have no views or designs of my own to 
answer, but what tend to the peace & welfare of my country & the happyness 
of the generations yet to come ; far be it from me to seek to aggrandize my- 
self in the ruins of my country. I neither mean or intend to Rob you of the 
lest of your privileges but would rather contribute to advance & Increase 
them, consistant with my Masters commands, which as a faithfull servant I 
shall endeavour to preserve, and I have so good an opinion of the House of 
Representatives as to think the far greater part meant & intended well in the 
stand they have made, but it is against custom & president in a Parliamentary 
way to pursue measures destructive to a country without a probability of 
success, & for that reason it is no dishonour to give up a point which can't 
be supported. Therefore, Gentlemen, let me advise & desire you to seek 
peace & pursue it. Consider the interest of your country calls upon you to 
do it. Come to some speedy reconciliation with his Majesties' Council in 
respect to the choice of the officer now depending, and so absolutely neces- 
sary to be Imediately Elected, and you shall have my good offices to assist 
you; and in this & in every thing else, you can reasonably desire, and tho' 
the Public concerns call for a longer day for your sitting, yet when this im- 
portant affair is finished, I shall adjourn you for a short time. 

B. Wentworth. 

Council Chamber, June 6 th , 1743. 



[p. 54.] June the 8 th 1743, a. m. The House met. 

An act in addition to the acts for choosing Town officers at any- 
time when there's a vacancy, Read three times & past to be 
Enacted, & sent up with the money Comittees accompt. 

Upon consideration of the Mess a sent yesterday by his Excels 
Rela n to a Recorder, a unanimous vote past, That the choice of a 
Recorder be in this House or Imediately in the People & not in 
the three branches of the Legislature. 

The House adjourned for two hours, p. m. 

P. M. Rich d Hiltons Petition began to be read. Capt. Hurst 
desiered it might be continued a little time till he went for his 
papers, which was with Mr. Livermore. 

Richard Hiltons Petition read after several adjournments the 
prayer & consent of the Parties from time to time to this day, 



202 PROVINCE OF NEW-HAMPSHIRE. [1743. 

and at the time of hearing Ellis Hust (1) Esq. came into the 
House and pray'd some little time longer to get his (Council or 
papers. The House having waited an hour & more beyond the 
time given for Mr. Huske appearing, and being informed that his 
Council could not attend, the said Hilton's Council agreed to 
leave the Court to Judge on the papers without argument on either 
side. The House having considered thereon, Voted that the 
Prayer of the Petition be granted and y* the Petitioner have lib- 
erty to bring in a Bill accordingly. 

George Peirce & others Petition for gates &c. read & voted as 
on the Petition liberty to bring a Bill for Gates ; but not for the 
Quar r Sessions to make any such grant as to hang gates on any 
high-way. 

The House adjourn' d to the 9 th curr*. 



Thursday, June the 9 th — The House met. 

The Petition of Alexander MacGregory praym a revival of an 
action against Matthew Morton. Granted. All the 3 Petitions 
sent up. 

A verbal Mess a pr Mr. Sec y from his Excell y viz. to know if the 
House would proceed to the choice of a Recorder as has been 
practised & to send an answer. 

Mr. Sec y came againe to know if the House intended to send 
an answer to his Excell ys Mess a . The Speaker answ d it was pre- 
paring. 

A vote past in answer to the Mess a as on file (2). Sent up. 

Mr. Sec y came and by his Excelly 8 order adj d to Monday the 
20 th curr* 10 o' the clock a. m. 



[p. 55.] June 20 th 1743. The House met according to ad- 
journment. Adj d for 2 hours, p. m. 
P. M. Adjourned to the 21 st curr*. 



June 21 st a. m. The House met. 

P. M. the Sec y came to know if any thing was likely to come 
up to night. 

The House adjournd to the 22 d curr*. 

(l)This name should be written Ellis Huske. It is frequently mis-spelt, both in the 
Journal of the House and of the Council and Assembly; we find it written Hirst, Hurst, 
Hust, and Starke. This latter is found frequently in the Journal of the General Assem- 
bly. As the true name is unmistakably Huske, the editor has in all cases hereafter so- 
written it.— Ed. 

(2) This answer is not fouud on record or on file. 



1743.1 JOURNAL OF THE HOUSE. 



203 



Wednesday June 22, a. m. The House met. 
Mr. Sec y Bro't a written Mess a from his Excell y which was read 
and is on file. 

Message of the Governour, June 22, 1743. 
[Copied from MS. " Gov 1 ' 8 Messages," in Secretary's office, p. 257.] 

Gentlemen of the Assembly, 

I was hoping that the short adjournment I gave you would have bro't you 
together determined to pursue the Publick Concerns with chearfullness, & 
that the first thing you would have acted upon would have been to make 
choice of a Recorder in the ordinary & customary way. 

It is an unhappy circumstance attending this Session that any other way 
or method was enter' d upon, but since it was the general voice of the House 
to go upon a new method, which they conceived would have been advanta- 
geous to the people could it have been obtained, I should think the time 
already spent on that subject, the opposition it meets with in the King's 
Council & the utter impossibility of effecting it without his Majesty's especial 
leave, would be an ample justification to the House of the care & concern you 
have taken for your constituants upon this occasion, & therefore out of ten- 
derness to the people, whom Providence has given me the care of & whose 
interest I shall ever seek to advance, I am in duty bound to press the choice 
of a Provincial Recorder to you once more, and that it be done without any 
further delay, assuring you that no alteration can be made in this or any other 
Branch of our Constitution without I first obtain my Royall Master's leave 
therefor. This I think proper to lay before you to prevent disputes of this 
nature in future. 

B. Wentworth. 
Council Chamber at Portsm 

June 22 d , 1743. 

P. M. The Return from the District of Methune & Dracut & 
Londonderry ab't those p'sons y* were double Rated was Bro't in 
and voted that those p'sons that were doubly Rated should pay 
their Respective Province Rates to the P'ish of Windham & that 
the District of Methune & Dracut be abated the sum of £19 
pounds 7 : 4 part of the Proportion they were to pay for their 
Prov. Tax for the yeare 1743. The House adjourned to the 
23 — A.'M. 



Thursday, June 23 d — the House met. The above sent up. 
The Table Fees past on to be amended & Enacted. 

P. M. Then sent up pr Mr. Tole & Elkins. The House ad- 
journal to the 24 th . 



Fry day, June 24 th a. m. the House met. The Question was put 
if Mr. Jotham Odiorn should be allowed his day in the Clerk's 
entry for the 23 d curr* he only appearing after adjournm t a. m. 
and not appearing p. m. It past in the neg a & that the clerk 
strike out y t day. 

P. M. The House adjorn'd to the 25 th curr 1 . 



204 PROVINCE OF NEW-HAMPSHIRE. [1743. 

Saturday, June 25 th a. m. — the House met. 

Rich d Hilton's Bill read 3 times & past to be Enacted. Sent up. 

John Ober & Peasly Petition Read & voted to serve the Select 
men of Windham with a copy & to app r y e 7 of July next, if 
then sitting, if not the 3 d day of next Sessions, & y* the Consta- 
bles & Collectors of Windham make no distress for any Taxes or 
rates (except y e Province Tax) till after hearing next S 8 . Sent 
up for Con r . 

Mr. Sec y came into the House and said that his Excell y had di- 
rected him to adjourn the Gen 1 Ass m to Monday next 10 of the 
clock a. m. and then declared the Gen. Ass m Prorogued accord- 
ingly. 



[p. 56.] Monday June 27 th A. D. 1743. The House met. Ad- 
journal for 2 hours p. m. 

P. M. A Mess a from the Board pr J. Downing, Esq. to know if 
there was likely for any thing to be sent up this afternoon. The 
additional act ab k Highways read. Then the House adjourn'd to 
the 28 th curr\ 



Tuesday, June 28 th a. m. the House met. 

Capt. Roby sent a Mess a to the Board to know if they had pass 
upon the Table of Fees. 

An act in add n to an Act Entituled An Act for Establishing 
Courts of Public Justice within this Province, Read a 3 d time & 
past to be enacted & Engross'd to continue for ten years. 

There was bro't in & Burnt of the Province Tax for the yeare 
1742, the sum of twenty one hundred and sixty nine pounds. 

Mr. Sec y came with a Mess a from the Board that they were ex- 
amining the Table of Fees & that one of their Comittee was sick 
which cause them some more time to inquire into things. 

P. M. More money of the Tax money for the year 1743 — the 
sum of Eight hundred eighty three pounds fourteen shillings & 
seven pence halfe penny. The House adjournd to the 29 th curr*. 



Wednesday, June 29 th — The House met. The Question was 
put whether Capt. Wallensford shall be allowed a day for the 24 th 
curr*, he only appearing in the forenoon ab n an hour. It past in 
the negative, and that the Clerk strike that day out of Entry. 

The Question was put whether the fines for a members absent- 
ing himself without leave shall be advanced. It past in the affir- 
mative. . And voted, That the fine be made 10s old Tenor insted 
of the former fine of five shillings. 



1743.] JOURNAL OF THE HOUSE. 205 

The additional act ab n High Ways Read three times & past to 
be Enacted & Engross'd & to continue for 4 years & no longer. 
Sent up. 

The Question put, Whether the House would proceed to the 
choice of a Recorder in the old way of choosing a Recorder (the 
House saving Right to the People for the future to come into 
some other way as may be tho't convenient.) [p, 57.] The Ques- 
tion past in the affirmative. The Ruff Drau* of a vote for Mr. Dan- 
iell [ — ] to be Recorder drawd & past — to be drawd faire & formd. 

P. M. The Speaker being absent, and a Quorum of the House 
met, they ordered the Clerk to put the vote for Ebenez r Stephens* 
Esq. to be Speaker Pro tempore. He was chosen unanimously. 

Mr. Sec y Bro't down a Petition of Anna Folsam, Colcord <fc- 
Light, read, voted on & sent up. 

The Sec y came with a Mess a that the Council were exam e the 
Table of Fees as last as they could. 

An act to Regulate the making and repairing Fences read three 
times and past to be Enacted & engross'd & sent up. The House 
adjourn'd to the 30 th curr*. 



Thursday, June 30 th a. m. The House met. 
Allowed Mrs. Ann Slayton £14: 6 in full for charge of the Ex- 
cise Comittee, June 9 th 1743. 

In the House of Representatives, June 29 th 1743. 

Voted, That Daniel Peirce, Esq. be Recorder of Deeds and 
conveyances of Lands for this Province for one yeare from the 
last day of June curr* and until the End of the next sessions of 
Gen 1 Ass m after the yeare is up, and that the said Recorder when 
sworn unto the faithful discharge of his said office shall give his 
Bond with sufficient sureties to the Comittee that are mentioned 
in this vote to take charge of the Records & papers in case of 
death or Incapacity of said Recorder, in' the sum of two thousand 
pounds Lawful money for the faithfull discharge of his office & 
that Andrew Wiggin, Esq. James Clarkson, Esq. Mr. Jotham 
Odiorne jun r , Capt. George Walker & Mr. Hunking Wentworth 
be a Comittee to take the Books of Records & papers into Cus- 
tody, In case of Death or Incapacity of said Recorder, and in 
case of the Death or Incapacity of said Recorder, that then said 
Comittee or the major part of them, Immediately take & secure 
the said Records & papers belonging to said office & keep the 
same in safe custody till another Recorder is chosen or otherwise 
ordered by the Gen 11 Ass m , And that said Comittee take a list of 
all Books belonging to said office and a Receipt for the same from 
[p. 58.] the said Recorder, and that said Committee be under oath 
to the faithfull discharge of their Trust. Sent up y e 30 th . 

An act for Dividing some lands of Jono. Follsam Deceas' 1 late 



206 PROVINCE OF NEW-HAMPSHIRE. [1743. 

of Exeter amongst some partners that are minors &c. Past to be 
Enacted. Sent up. 

Voted That Rich d Nason be paid out of the Publick Treasury 
40s for his service as Express in y e yeare 1740. 

John Downing, Esq. Bro't down the vote ab't the Recorder 
with the vote of Council thereon, viz. 

In Council, June 30 th 1743. 
Read & conciirr'd with this am en dm* viz. That the Bond men- 
tioned to be given by the Recorder in the above vote, Instead of 
being made payable to the Comittee mentioned, be made payable 
to the Treasurer of the Province for the time being & that the 
said Bond be given before the oath of office is adm d & that Henry 
dSherburn, Ellis Huske, & Rich d Wibird, Esqs. be of said comittee. 

Theodore Atkinson, Sec y . 

Eod m Die. In the House of Representatives, the above vote of 
Council Read and concurr'd with this araendm*, namely, that 
Henry Sherburne, Ellis Husk & Rich d Wibird, Esqs appointed by 
his Majesty's Council be left out of s d committee. Sent up. 

James Jeffry*Cler. Ass ln . 

P. M. John Hall's Petition for relief ag st a Mortgage to Capt. 
Rindge, Read, and a Comittee sent to know Madam Kludge's 
mind & consent in the affaire, — who answered she was content. 
Then Voted, That the prayer of the Petition be granted & leave 
to bring in a Bill. 

In the House, &c. Voted, That James Clarkson, Esq. & Capt. 
John Gage be a comittee of this House to joyn such as the Hon ble 
the Council shall app* to consult and draw up some Dra* to be 
made into a Temporary Law for the enabling those that live to 
the northward of Hazen & Mitchell Lines to make Ministers 
Rates & Province Taxes, that live on the Kings Lands, according 
to the Recomendations in his Excell ys speech at the opening this 
^Sessions, and make Return to the Ass m as soon as possible. 

Mr. Sec y came with a Mess a from the Board y l the Council had 
non con cur' d the amen dm 1 on y e vote for the Recorder. 

[p. 59.] A new vote for a Recorder sent up, to be Bor d againe 
•of the Sec y — (the coppy now Entred below in this Leaf.) 

Andrew & Gillman & others of the north ly part of Brentwood's 
Petition Read — pd. 

The House adjourn'd to July the 1 st 1743. 



Fryday July 1 st a. m. The House met. 

A vote for a Comittee to draw up something to Relieve those 
that live to the northward of Mitchells & Hazen's Lines on the 
Kings Lands. 



1743.] JOURNAL OF THE HOUSE. ' 207 

A Mess a sent up pr Mr. Clarkson to know if there was any 
thing acted on y e vote ab't the Province Tax according to the 
last proportion &c. 

Mr. Sec v Bro't down our vote of yesterday ab't a Recorder, 
with a Mess a that the Council could not concur unless they had 
the nomination of some of the Council themselves. 

In the -House of Represents June 30 th 1743. 
Voted, That Daniel Peirce, Gen* be Recorder of Deeds & Con- 
veyances of Lands for this Province for one yeare from the last 
day of June and until the end of the next Sessions of Gen 1 Ass m 
after the yeare is up, and that the said Recorder shall give his 
Bond with sufficient sureties to the Treasurer of the Province for 
the time being in the sum of 2000£ lawful money for the faithful 
discharge of his office, And then to take an oath for the faithful 
discharge of his s d office; And that Andrew Wiggin, Henry Sher- 
burn, Rich d Wibird, Esqs. and Messrs Hunking Wentworth & 
Jotham Odiorn, jun. be a Comittee to take the Books of Records 
& Papers into custody, In case of Death or Incapacity of said 
Recorder, & in case of Death or Incapacity of s d Recorder, that 
then said Comittee or the Maj r part of them shall immediately 
take & secure the said Records & papers belonging to said office 
& keep the same in safe custody till another Recorder is chosen 
or otherwise Ordered by the Gen 1 Ass m & that the said Comittee 
take a list of all Bookes belonging to said office & take receipt 
for the same from the said Recorder & that said Comittee be 
under oath to the faithful! discharge of their Trust. 

The Sec y Mess a above ) T t «• m a m 

r , ,, • , y James Jenrev, Cler. Ass m . 

was answ r to this vote. ) J ' 

A Mess a pr. Mr. Sec y that the Council had concurr'd w th the 
vote for Recorder with some Remark on it, that it might not be 
Drawn into president. 

In the House of Represent 5 , Voted That there be paid out of 
the Publick Treasury to James Jaffry for his servis as Clerk of 
the House of Representatives from May 1742 to this 25 th of June 
1743, in full of all demands for said servis, the sum of Forty 
pounds old Tennor — to be paid out of the contingencies. 

[p. 60.] In the House of Representatives, July 1 st 1743. 

Voted, Mr. James Jeffrey be clerk of the House of Represen- 
tees & for his servis as Clerk he is to have twenty-five Pounds 
old Tennor pr annum, and to be paid half yearly for so long as 
he serves as Clerk of said House — his time commences the 25* 1 * of 
June 1743. 

Mr. Sec y came with a Mess a that his Excell y had assented to 
the vote for a Recorder ; and that Mr. Pierce was sent for & that 
it would be necessary that the Comittee should proceed to take 
the Bonds, y* the Records may be open. 

Voted That three hundred pounds new Tenour be paid his Ex- 



208 , PROVINCE OF NEW-HAMPSHIRE. [1743. 

cell y towards his support as Gov 1 " until the Interest of the 25000£ 
Bill take 'effect, then to be Repaid out of the Interest of that 
money that is therein appropriated for paym' of his Excelly 8 Sal- 
ary of 250£ pr annum ; if that act never get the Royall assent, 
then the above sum to be as so much p d as his Excelly 3 salary of 
250£(1) Settled &c. 

Voted, That there be paid out of the Publick Treasury to the 
Comittee for selling the "Excise & taking Bonds, to three of the 
four 20s each, & to Coll. Henry Sherburn 10s in full of the six 
pounds charg'd. The House adjourn'd to the 2 d curr*. 



Saturday, July 2 d 1743, a. m. The House met. The Comittee 
for selling the Excise made their Return of the sale. 



a 



Prov. N. Hamp r . We the Subscribers being appointed a Comittee to sell 
the Excise on Liquors for two years from the 15 th day of May last past, ac- 
cordingly on the 9 th June last did sell the same at Publick Vendue to Mr. 
Ch a Gorwood for the sum of nine hundred & twenty-nine pounds pr annum, 
old Tenor, Taking his Bond for the same w th two sureties, and the same to 
be paid half yeare. 

H. Sherburn Rich' 1 Jennes 

Jos. Sherburn Geo. Walton. 

Portsm 1 st July 1743. Comittee 

[p. 61.] In the House of Represent 8 July 2 d 1743. 

Whereas in the last Supply Bill in the Estimate of the charge 
for the year 1742, there was put therein for Benj a Akennan as 
doorkeeper the sum of three pounds fifteen shillings ; And since 
that act passed, viz. on the first day of December 1742, there was 
a vote past in the House of Represen ts that there be paid Benj a 
Akerman for his service as Dorekeeper for the yeare 1742, ending 
at April 1743, the sum of seven pounds ten shillings Proclamation 
money : And whereas the said Benj a Akerman has rec d the sum of 
three pounds fifteen shillings Proclamation money as allowed in 
the estimate aforesaid — 

Voted that there be paid out of the Publick Treasury the sum 
of three pounds fifteen shillings more Proclamation money, in full 
for his service as Dore keeper for the yeare 1742, Ending April 
last, out of the Contingencies. 

Mr. Atkinson's acct for a Ream of Paper from Mr. Thorn 8 Han- 
cock, at £6 : 10, allowed Old Tenor. 

It was put to vote, Whether those persons that was Rated to 
Windham & Dracut & Methune, that fall in Windham, should 
belong to Windham for the paym* of their Prov. Tax, which past 
in the afirm a ; and as for 16 of them that usually paid to the Min- 
isters of Windham do still pay to that ministry and not rated to 
any other P'ish charge, till the Disputes are settled & District 
made — this for to draw up an act by. ' 

(l)In the margin: " A larger vote made the 2d of July." — Ed. 



1743.] JOURNAL OF THE HOUSE. 209 

A vote past for his Excell y to draw £300, conditionally, on file. 

The House adjourned for 2 hours, p. m. 

P. M. An act for supplying the Treasury with the sum of £300 
in Bills &c. An act reviving an act passed in the 15 — ? for tax- 
ing certain Districts. An act for Proportioning the Prov. Tax to 
each Town, &c. all read 3 times & past to be Enacted & sent up 
&c. The Gov 1 " Vote for £300 sent up. 

[p. 62.] The Question was put whether the House would send 
a Comittee to view the new Settlem ts from Merrymack river to 
Connecticut river and the Settlem ts on Connecticut river. It past 
in the affirmative, & 

Voted That Ebenez r Stephens, Esq. be of this House to joyne 
such as the Council shall appoint to go and view the new Set- 
tlem ts between the River Merrymack & Connecticut Rivers, and 
up Connecticut River where there are settlem t8 and at such places 
where they can be Inform'd that settlem ts are made and to make 
return of their Information & view to the Gen 11 Assembly as soon 
as they conveniently can. Sent up. 

The Comittee for drawing the Fees allow' d but 15s pr diem 
instead of 20s per diem. 

Mr. Sec y came with a Mess a from his Excell y that he tho't 'twas 
needless at present to send a Comittee to Connecticut, for that he 
w'd write Coll. Willard & Hensdale(l) and after advice from y m 
to send if tho't needfull. 

Mr. Sec y came & said that his Excell y had ordered him to ad- 
journ the Gen 11 Ass m to the 20 th 7 br next, and then Declar'd the 
Gen 1 Assm. adjourn' d accordingly. 

Vote for Fees, & an Act past, only y e Table must be annexed. 
Vote ab n the Truck master not past, because it is his Maj ties pre- 
rogative to app* the p'son, but to be accountable ab* the powder 
Comiss 11 £107 : 11, & y fc there should be men app d for y e Fort in 
case his own vote 18£ 15 : he shall accept for this yeare.(2) 

The Question was put if the House should Reconsider their 
vote ab* the Truck master on the Sec y Mess a , or whether they 
wou'd adhere to their form r vote. The House voted That they 
& send a verbal Mess a in Ans r . And the Question was put if 
the House would stand by their vote to app 1 a Truck master. It 
past unanimous y* they would. 



[p. 63.] Sept r the 20 th . The House met according to ad- 
journment. 

Mr. Sec y came with a Mess a That his Excell y required the at- 
tend 11 of the Speaker and the House in the Council Chamber. 

(1) One of the early settlers on the Connecticut river, (within the territory set off to 
New Hampshire, ) was Col. Ebenezeb Hinsdale. From him the town of Hinsdale, N. N., 
received its name. He was a gentleman of great enterprise and energy, and highly esteemed 
for his talents and virtues.— Ed. 

(2) The original is obscure and meaning dubious.— Ed. 

14 



210 PROVINCE OF NEW-HAMPSHIRE. [1743. 

Mr. Speaker and the House went up accordingly. 

His Excell 7 made a Speech. Mr. Speaker pray'd a coppy & 
Returned. Mr. Sec y Bro't the Speech for the Clark to coppy & 
returne. Mr. Sec y came with 3 papers Rep ts made at home to be 
return'd ag e . The Speech read (1). 

The House adjourn'd to the 21 st curr'. 



Wednesday, Sept 21 st 1743. The House met. 

In the House of Representatives, Voted, That his Exceil y be 
desiered to order the Grand Comittee for the £15000 loan imedi- 
ately to call in the money outstanding on that Loan, or put the 
Acts in that affaire made and provided forthwith in Execution. 

J. J. Cler. Ass m . 

Eod m Die. Voted That Messrs Jas. Clarkson & Maj r Peter 
Gilman be a Comittee of this House to joyn such as the Hon ble 
the Council shall appoint to consider and draw up & Report to 
the Gen 1 Ass m what may be further necessary to be don to Recti- 
fie any deficiency that may [have] been overseen in drawing up 
the act for the £25000 Loan, and what may be further Done in 
putting the said act in Execution, and for Drawing up a short ad- 
ditional act thereto, as soon as possible. 

Eod m Die. Voted That Messrs James Clarkson & Maj r Peter 
Gilman be a Comittee of this House to draw up an Answ r to 
Excelly 8 Speech and lay it before the House for approbation. 

In the House, &c. Voted, That one Quarter part of the twenty 
five thousand pounds now to be Emitted on the loan act, be 
struck off of the small plate the last Emission was struck off from, 
and three Quarters from the great plate that the said last Emission 
[p. 64.] was struck from with som small alteration as shall be di- 
rected from the Gen 11 Ass m (2). 

The House adjourn'd to the 22 d curr 1 . 



Thursday, 7 br the 22 d a. m. A. D. 1743. The House met. 

The Committee that was sent to view the High way from Ches- 
ter to Londonderry made their Return, viz. That they find that 
the way formerly laid out from Derry to Chester is the most con- 
venient way for the accomodation of Both Towns aforesaid and 
for other Travellers in Gen 1 . Signed (3) 

J. Downing ~) 

Geo. Walton >- Comittee 

R. Jennes — ) 

(l)This Speech is found in the " Journal of the General Assembly," which see.— Ed. 
(2), (3) The two paragraphs above are crossed in the original copy.— Ed. 



1743.] JOURNAL OF THE HOUSE. 211 

Which Return was read and accepted, and Voted & ordered 
that the said High way formerly laid out from Londonderry to 
Chester be the Highway allowed, & that all obstruction in or on 
the same be removed & the said way be the Publick Road, and 
that the Petitioners from Chester pay the charge of the Comittee 
sent, each p'son thirty shilling old Tenor pr Diem, for their La- 
bour & charge (1). 

P. M. In the House of Representatives. 

Resolved, That all the Plates whereon any Bills of Credit of 
this Province has been struck of from, be put into the hands of 
the present Treasurer, there to lye for safe keeping (without de- 
facing) till further order from the Gen 11 Assembly & that Ebenez r 
Stephens & Icabod Roby, Esqs. be a Comittee of this House to 
joyn such as the Hon ble the Council shall appoint to receive the 
old Plates from Coll. Henry Sherburn the late Treasurer, and de- 
liver them to the present Treasurer & take his receipt for them, 
and make return of their doings. Sent up. 

The Comittee that was appointed to view Brentwood P'ish ab* 
their meeting-house made their Return. 

An act ab't the £25000 Loan read. Then the House adjourn'd 
to the 23 d curr*. 



Fryday, 7 br 23 d a. m. The House met. 

The Return of the Brentwood Petition read and accepted & 
voted that the Return be accepted, and that they continue at the 
old Meeting House for the space of foure years, and at the Expi- 
ration [p. 65.] thereof the maj r Part of the voters in said P'ish at 
that time shall set the meeting House for Publick worship where 
they think proper. 

Mr. Sec y bro't down a vote of Council made on a Representa- 
tion of 34 of the Inhabitants of the District of Nottingham (2) 
& Litchfield on Merrymack ab't suspending paym* of the Minis- 
ters Rates &c. till the 2 d Tuesday of the next sitting of the Gen 11 
Ass m 

P. M. Mr. Sec y Bro't a Petition from Mr. John Eyre & recom- 
ended it to the consideration of the House to allow some or all 
as was desiered. The House considered thereon. 

Voted, That the said Petition be dismiss'd for ever. 

In the House of Representatives, The answer to his Excelly* 
Speech sent up. (3) 

Whereas there was an Act Entituled " An Act more effectually 
to prevent the Counterfeiting the Bills of Credit on this Prov- 
ince " past the 17 th November 1738, which Act was to be in force 
from the Publication thereof, and whereas there is no record that 

(l)The paragraph above is crossed in the original copy.— Ed. 

(2) Now Hudson.— Ed. 

(3) This answer is recorded in " Journal of the Assembly," which see.— Ed. 



212 PROVINCE OF NEW-HAMPSHIRE. [1743. 

ever the said Act was published, Wherefore Voted, That Mr. 
Sec y do forthwith Publish the same act in form, and afterwards 
get the said act incerted in some of the publick Prints that it may 
be publickly known there is such a Law & y* the Treasurer pay 
the charges — be p d by the Treasurer. Sent up y e 24 th . 

Voted, That the signers of the £25000 Loan be paid for sign- 
ing the Bills the sum of two & halfe pr ct. old Tenor upon the 
whole. 

Voted, That the Trustees for letting out the £25000 shall be pd 
for their Labour or service. That those that care of Press for 
striking the same Loan be paid. The House adjourn'd to the 
24 th curr*. 



Saturday, Sept. the 24 th a. m. The House met. 

Province of New hamp r , Portsmouth, Sept. 23, 1743, Rec d of 
Andrew Wiggin, Jotham Odiorn & Hunking Wentworth Esqs. as 
a Comittee appointed by the General Court for the Books of 
[p. 66.] Records for said Province, which in number are as follows, 
viz. Five small Books of sundry sorts of Records, No. a, b, c, d & 
A, & one Paper Book no Number, as also Twenty six Books of 
Records from No. 1 to 26 Books, as also a number of files of 
Papers. I say Rec d Pr D. Pierce Recorder. Verry copy of the 
Origin 1 . 

A vote past for paym 1 of the Signers, tenders of the Press & 
Trustees as on file. 

An act for the Better Executing an Act Entituled an Act for 
Emitting the sum of £25000 read 3 times and past. 

An Act for granting unto his most sacred Maj tie the sum of 
980£ in Bills of Credit equal to Proclamation money, Read 3 
times and past to be Enacted. 

P. M. Mr. Sec v came to the House and said his Excell y had 
directed him to adjourn the Gen 11 Ass m to the 26 th curr* and he 
declared in his Maj ties name the Gen 11 Ass m adjourned accordingly. 



Monday, Sept. 26 th 1743, the House met. A Vote past for 
paym* of the signers, tenders of the Press, &c. 
The House adjourn'd to the 27 th curr 4 . 



Tuesday, Sept. 27 th a. m. the House met. An Act in add n to 
and for Rendering more effectual an act for the better regulating 
Highways, Past to be enacted. Sent up. Not assented to. 

Pursuant to an act Entituled "An act for the granting unto his 
most Excellent Maj tie the sum of £4720 in Bills of Credit of this 



1743.] JOURNAL OF THE HOUSE. 213 

Province equal to so much Proclamation money for supplying the 
Treasury, &c." wherein several species are to be Rated by the 
Gen 11 Ass m for each Respective yeare it is to be paid into the 
Treasury for that yeare, In pursuance of the clause in that act, 
Voted, That the Prices of the several species for the yeare 1743 
sett by the Gen 11 Ass m be as follows : as on file. 

P. M. A vote for paym* of Mr. Johnson, &c. sent up as on file. 

Voted, That if any member do not appeare by 1-2 an houre 
after eight of the clock to morrow morning, shall forfeit 5s. The 
House adjourn'd to the 28 th curr\ 



Wednesday, Sep 1 28 th a. m. the House met as Entred. The 
Form of the Mortgages & Forms of the Bonds of the Trustees 
<fc Signers &c. for the £25000 Bro't in & Read & Voted that as 
forms they be' accepted and that the same form be made use of in 
the Proceedings. 

[p. 67.] Voted, That for the suitable support of his Maj ties 
Inginere, that may come to view Fort Win & Mary, &c. in order 
for Repairing that and Building other Forts & Garrisons in this 
Governm 1 as shall be advised & Directed, That his Excell y be De- 
sierecl to Draw out of the Treasury out of the money laid in for 
contingincies such sum or sums for that use as there shall be 
occasion for not exceeding Twenty pounds. 

An act for the more effectual assessing & collecting the Prov- 
ince Taxes. Read three times and past to be Enacted. 

Mr. Sec y came to know if the House intended to make any 
answer to the Message his Excell y sent. 

[Note. The following is the Message referred to, copied from MS. "Gov 1 " 8 
Messages," in Secretary's office, p. 265.] 

Governor's Message. 

Sept. 28, 1743. 
Gentlemen of the Assembly, 

Upon a complaint of Samuel Solly, Esq. Collector of his Majesty's Customs 
in the Port of Piscataqua, That on the Thirty first day of Aug st last, between 
the hours of ten & eleven at night, several persons seiz'd the person of Cyp- 
rian Jeffry, a waiter belonging to his Majesty's Customs in the Port aforesaid, 
& did treat him in a most violent & barbarous manner, as is more fully set 
forth in the complaint of his Majesties' Collector, which I have directed the 
Secretary to communicate to you. The persons thus assembled in this tu- 
multuous manner, being apprehensive of a prosecution dropt in the House of 
Matthew Livermore Esq. a threatening letter, hoping thereby to Intimidate 
the Attorney General from Prosecuting them, if any discovery should be made 
of their crimes. The original letter the Secretary will also communicate to 
you, upon which I make no doubt but you will vote a sufficient Reward to 
enable me to Issue out a Proclamation for the Discovery of the person or per- 
sons concern'd in this Riot, that they may be brought to condign punishment. 

B. Wentwobth. 

Council Chamber, 28 th Sept. 1743. 

Note. To this Message, no answer appears to have been returned by the 
House. — Ed. 



214 PROVINCE OF NEW-HAMPSHIRE. [1743. 

Mr. Sec y came with a Mess a That several acts are past & that 
his Excell y had ordered him to Prorogue the Gen 11 Ass m to 22 d 
9 br , and accordingly Declared the Gen 11 — Prorogued accordingly .. 



[p. 68.] Tuesday 9 br 22 d 1743. The House met according to 
Prorogation. Adjourn'd for 1 1-2 hour. 

P. M. Mr. Secretary came w th a Mess a viz. That his Excell y 
had directed him to adjourn the Gen 11 Assembly to the 29 th curr 1 
10 o'clock, a. m. and then Declared the Gen 1 — adjourn'd accord- 
ingly. 



Tuesday 9 br 29 th the House met according to adjournnr*. Mr. 
Sec y came with a Mess a viz. That his Excell y required the at- 
tendance att Council Board, at his House. Mr. Speaker and the 
House went accordingly. His Excell y made a speech (1). Mr. 
Speaker prayed a Coppy and return'd. The speech read. 

Voted, That James Clarkson, Esq. and Icabod Roby Esq. be a 
Comittee of this House to answer his Excelly" speech and bring 
their dra n for approbation. Then the House adjourn'd to the 
30 th curr*. 



Wednesday 9 br 30 th a. m. the House met. 

Mr. Secretary came with two papers, & likewise a letter from 
Whitehall from y e L d Justices. Also the Rec r Gen 11 accompt of 
Powder. 

Nottingham people heard on their Petition. Mr. Speaker being 
absent, Eb. Stephens was chosen speak r Protemp r . 

Nottingham men being heard, Voted That the Petition be 
dismiss'd. 

P. M. The House adjourn'd to Dec r 1 st , 1743. 



Thursday X br the first, a. m. the House met. 

In the House of Represen 4 voted that Coll. Gillman & Mr. 
Hunking Went worth be a Comittee of this House to joyn such 
as the Hon ble council shall appoint to audit the Treas r acct* & all 
other accompts and make return to the Gen 11 Ass m as soon as 
possible. 

Philbrook & others Petition ab* Division of Dividing John' 
Foulshams Estate Read & voted it be granted. 

(l)This speech is recorded at length in "Journal of General Assembly," which see..— ED;. 



1743.] JOURNAL OF THE HOUSE. 215 

P. M. Summersworth Petition Read & voted to serve the 
select men of Dover at the Petitioners cost & to app e the sitting 
of the Gen 11 Ass m at their next Sessions. 

The House adjourned to the 2 d eurr 1 . 



[p. 69.] Fryday X br 2 d a. m. 1743, the House met. 

Voted, That Coll. Peter Gilman and Ebenezer Stephens, Esq. 
be a Comittee of this House to joyn such as the Hon ble Coun- 
cil shall appoint to Inquire about the Hireing a House for his 
Excell y to live in, and w* Rent they can agree for & what time 
and how to be fitted or Repaired and make Report to the Gen 11 
A^s m of their Doings therein as soon as possible. 

P. M. Brentwood Petitioners heard. Mr. Russel appeared and 
gave in his Reason why he and Langdon signed the Return and 
not Barker. 

West end of Dover heard. It was put to [vote] if either of 
the Returns should be accep d Neg e . 

The House adjourn'd to the 3 d curr*. 



Saturday X br the 3 d a. m. the House met. 

Voted That Brentwood Wood Petition and all the affairs & 
Proceedings thereon be totally Dismiss'd. 

The Petition of the Inhabitants of the West End of Dover & 
part of Durham for a District Read. Mr. Sec y came with order 
from his Excels to adjourn the Gen 11 Assm. to Monday next, 3 
o'clock afternoon & then declar'd the Gen 11 Ass m adj d accordingly. 



Monday, December 5 th 1743, the House met and Adj d to the 
6 th curr 1 . 



Tuesday, X br 6, a. m. The House met. 

Whereas the affaire of the Table of Fees has laine before the 
Hon ble Council for consideration some consid 6 time, and the period 
is almost expired, There being now absolute neces ty that that 
affaire should now be settled, that the Courts, &c. may proceed 
on certainty, Therefore the House desiers the Hon ble Council 
would pass upon the same, that the maine Busi s of the sessions 
may be carre'd on. 

[p. 70.] Messrs Atkinson & Wibird came with a Mess a in 
answer to the vote sent up the forenoon, viz. That the Council 



216 PROVINCE OF NEW-HAMPSHIRE. [1743. 

had made some Querys on the Table of Fees and had given them 
to the King's Att y for his advice, and that he desierd the Table of 
Fees to form his Judgm* thereon, and as 'soon as he dos give in 
his Return the Council will act thereon. 
The House adjourn'd to the 7 th curr'. 



Wednesday X br 7 th a. m. The House met. 
P. M. Adjourn'd to the 8 th curr*. (Mr. Sec y & Huske came 
with the King's Att y answ r to the Querrys a coppy on file.) 



Thursday, December 8 th . The House met. 

A vote to enable the Recorder to p'fect the Books & Deeds 
<fcc. Sent up. Brentwood Petition sent up. 

Allowed Thomas Lane of Hampton 40s old Ten r for his service 
& attend a on the Comiss 18 ab* the Lines. 

Allowed Mary Seward the sum of three pounds eleven shillings 
(old Tenor) for Entertaining two Indians, 3 days each 8 br last. 

The West part of Dover Petitioners were heard. 

P. M. In the House of Representatives. 
Voted, That Coll. Peter Gillman & Thomas Packer, Esqs. be a 
Comittee of this House to joyne such as the Hon ble the Council 
shall app* to go and take a Dra't of the whole Township of Dover, 
and to sett off that part that is set off to Durham, & likewise set 
off w t is Sumersworth and then to sett off w* they think necessary 
for a new Parrish at Madbury and to represent the Quantity and 
Quality of the Lands in the P'ish of old Dover and that proposed 
for Madbury in the best manner they can, and to make their Re- 
turn at the next sitting of the Gen 11 Ass m (1). Another vote on 
file for a comittee. The House adjourn'd to the 9 th curr 1 . 



Fry day X br the 9 th , a. m. The House met. The vote ab n the 
Westerly p* of Dover sent up. 

Epson Pet n read. The House adjourn'd to the 10 th curr*. 



Saturday X br 10 th . The House met. A Mess 3 sent to Enq r w* 
was done on the Table of Fees. 

Ans r . It lies under consideration. The House adjourn'd to 
Monday the 12 th curr* at 2 o'clock, p. m. 



(l)The record of this vote is crossed.— Ed. 



1743.] JOURNAL OF THE HOUSE. 217 

[p. 71.] Monday X br 12 th . The House met & adj d to Tuesday, 
13 th . Mr. Parker was heard on Epsom Petition. Mr. Sec 7 came 
with a Mess a viz : 

A vote of Council on the Table of Fees & 

Mrs. Mackresses' Petition, and also y* his Excellency could not 
pass a repealing act without a Restraining clause in it. 

P. M. Province of New hamp\ In Council X br 13, 1743. 
Voted, That the Table of Fees & List of Fines and forfeitures 
Exhibited by the Comittee appointed for that End, Be the Estab- 
lished Rule for all officers to take their Respective Fees by. And 
also that the several Courts conform to the same in regard to the 
Respective Fines & forfeitures therein mentioned, with the addi- 
tion of those Articles in the Fees of the Sup r Court which were 
accidentally omitted in Transcribing the said Table & this to con- 
tinue & be in force for one yeare from this Time & no longer. 

Theod Atkinson, Sec 7 . 

The above vote was Read and concurr'd with this Amendm 1 , 
viz. That an Act be Drawn up accordingly to continue in force 
five years and no longer. Sent up. 

J. Jeffry, Cler. Ass m . 

Mrs. Mackresses Peti n Read & Voted dismist. 
The House adjournVl to the 14 th curt*. 



Wednesday, X br 14 th a. m. The House, met. An act for Di- 
vision of John Foulsam's Estate read. Mr. Sec 7 came from his 
Excell 7 with a Mess a ab { the vote sent yesterday, viz. 

His Excelly went as far in y* vote as possible he could, & y l he 
had the advice of the Att 7 Gen 1 he could not pass an act to Re- 
peal &c. & that if the House would draw an act with a saving 
olause for any time he would send it and recomend it, &c. 

P. M. The House adjourn'd to the 15 th curr'. 



m. The House met. A Bill for the widow 
Foulsam of Ex r to Divide his Estate past. 

A Bill for surveyors of Highways & past to be enacted. A 
vote for passing the Table of Fees past & sent up as on file. 

[p. 72.] Brentwood Petition Read & voted to serve y e select- 
men of Ex r & of Brentwood, to app r the 3 d day of the sitting of 
the Gen 11 Ass m after the first day of Ap 1 next (to shew cause &c.) 

P. M. An act for the present Recorder to p'fect some omissions 
of former Recorders on Sundry Deeds lying in the office and in 
some of the Books, past. 



218 PROVINCE OF NEW-HAMPSHIRE. [1743. 

In the House, &c. Voted That Eben r Stephens & Ieabod Roby, 
Esqs. be a Comittee of this House to waite on his Excell y and de- 
sier he would inform what ships has paid Powder money since his 
time of Governm* and how much rec'd & how much expended, 
and to make report to the House of the answer. The House adj d 
to the 16 th curr*. 



fryday, X br 16 th The House met. Voted that there be a 
Mess a sent to his Excell y to desier a copy of that Instruction 
which prohibits his Excell y from Repealing, superceding or alter- 
ing any of our Publick Acts, without a saving clause, &c, the 
Sec y having informed the House that your Excell y has such an 
Instruction. 

Voted, That there be a Comittee appointed to draw up Instruc- 
tions to be sent to the agent in Relation to any Petitions lodg'd 
by the agents of the Mass a now lying before his Maj ty in Relation 
to the line of Townships that lye within this Province by the late 
settlement of y e Boundary Lines of the Provinces, or any other 
Petitions Lodg d by the Mass a ab* y e Lands, and that the said com- 
ittee lay the same before his Excell y & desier him to forw'd it to 
the agent & Recomend it to be speedily ended, and that Mr. 
Speaker & Tho 8 Packer Esqs. be a Comittee of this House to joyn 
such as the Hon ble the Council shall app* to draw up said Instruc- 
tion and lay the same before the House for approbation as soon 
as possible. 

Mr. Sec y & Wibird bro't a Mess a that Coll. Henry Sherburn & 
Ellis Husk were added to y e Comittee of Audit, & Bro't the 
Highway act for amendm* Brentwood Petition with a new vote 
of the Council & some other papers on file, & y e act ab* Recorder 
for amendm*. 

[p. 73.] Brentwood Petition voted on againe to appeare the 
week after next, if sitting, otherwise the 3 d day of next sitting. 
A vote past ab 1 the Table of Fees. 

Mr. Blunt made a motion ab* his act & had it for amendm*. 
The House adjournal to the 17 th curr*. 



Saturday X br the 17 th a. m. The House met, The vote about 
Fees sent up. 

Mr. Sec y & Solly came with a Mess a from the Council with the 
vote of this House ab* Fees, that it was past w th amendm* and 
bro't the vote from his Excell y ab 1 adjournm* of the Ass m that he 
could not well do it not having no answer to w* he recomend d . 

The Council vote on the Fees concurr'd& sent up w th the Table 
of fees. 

Mr. Sec y came & by his Excell y order adjourn'd the Gen 11 Ass m 
to Monday 10 o' the clock, a. m. 



1743.] JOURNAL OF THE HOUSE. 219 

Monday X br 19 th a. m. Mr. Sec y came and said his Excell y had 
directed him to adjourn the Gen 11 Ass m to the 20 th curr' o'clock, a. m. 



Tuesday X br the 20 th a. m. The House met, 

P. M. The act in ad n to the acts aV Intestate Estates &c. read. 

Coll. Peter Gillman, Stephens & Walton, a Comittee to sum up 
&c. the affairs now lying before the House. The House adjourn'd 
to the 21 st curr*. 



Wednesday, met according to adj*. John Hall's Bill ab l a mort- 
gage past to be Enacted. The House adjourned to the 22 d curr* 



Thursday X br the 22 d a. m. The House met. 

Mr. Sec y came with a Mess a , viz. That our vote for the ^x^sing 
the Tables of Fees with a Saving clause &c. was past without ad- 
ding any other p'sons to the Comittee of the House for Drawing 
the act, and also made a motion ab* his feese. 

Vote of the 21 st curr 1 for his Excell y to draw £200 out of Con- 
ting* money now put in to [be] Rep d out of the Loan Interests to 
be Borrowed, and for putting £786 : 13: 4, into the Treasury to 
be bro't in In 1750, past to be Enacted. 

John Hall's Bill ab f Rindg's Mort. past, & Alex McGregorys 
Bill for reveiwing a case past & sent up. 

P. M. The Probate add" act past, a vote for a Treasu r to take 
so much Money out of the conting 1 money as will by 8 bbl Pow- 
der, &c. past, 

[p. 74.] A vote ab l £30 for the Truck house & past. 

A vote for payment of the Council & Assembly out of the 
money put in for contingencies &c. on file. The House adjourn'd 
to the 23 d curr 1 . 



Fryday X br the 23 d , The House met. A vote for paying Mr. 
Atkinson the sum of £18: 15s? for extra services on file. Mr. 
Blunts act past & sent w th Mr. Atkinson's. MacCressess' Petition 
sent up. The House adjourn'd to the 24 th curr 1 . 



" Saturday X br 24 th . The House met, A Mess a to his Exeell y 
relateing to the Truck Mr. — sent up. Mr. Sec y bro't Mr. Blunt's 
act Back & said a vote would do as well. 



220 PROVINCE OF NEW-HAMPSHIRE. [1743. 

Mr. Sec y by his Excell ys order adjourned the Ass m to Tuesday 
the 27 th curr 1 10 o'clock, a. m. 



Tuesday met [and adjourned to] 

Wednesday, X br 28 th a. m. In the House, In case his Excell y 
shall take a journey to view the Frontiers, Voted that there be 
paid his Excell y by the Treasurer, the sum of twenty five pounds 
out of the money ordered in to the Treasury this Sessions for 
contingencies or support of the Governm 1 for defraying his Ex- 
oelly 8 expenses in said Journey. 

J. Jeffry, C. Ass ra . 

The ans r to the Speech read, accepted & sent up(l), & the vote 
for £25 to his Excelly. 

The Speaker being absent on Extr a business, Ebenezer Stephens, 
Esq. was chosen Speaker pro tempore. 

Brentwood Petitioners bro't their Return, but no House to hear 
y m . The House adjourn'd to the 29 th curr 1 . 



Thursday X br 29 th a. m. The House met. A vote for paym' of 
Messrs Shurtliff & Blunt on file, together. The Bill for the Re- 
corder past & sent up. 

P. M. In the House of Represent 8 — In ans r to the verbal mes- 
sage by Mr. Sec y from his Excell y relateing to making an add 11 of 
souldiers to Fort Wm & Mary, are humbly of opinion, 

[p. 75.] That whereas the Inhabitants of New Castle are made 
an Independent company on account of their doing duty at the 
said Fort on any emergency, They are excused from all duty 
which the souldiers (or men) are obliged to do in the several Reg- 
iments in the Province and therefore are of opinion that the af- 
faire may be suspended to the next sessions. 

In the House, &c. In answer to the written Mess a bro't this day 
pr ^Mr. Sec y from his Excell y ab l appointing a Truck Master to 
trade w th y e Indians, The House unanimously came into this 
Resolution, That if they can have no voice in appointing a Truck 
master they will not make any supply for that trade. Sent up. 
His Excelly's Mess a on file. 

The House adjourn'd to the 30 th curr'. 

(l)See the answer to the Governor's speech in " Journal of the General Assembly," 
which see.— Ed. 



1744.] JOURNAL OF THE HOUSE. 221 

Message of his Excellency. 
[Copied from MS. " Governor's Messages," p. 271.] 

Gentlemen of the Assembly — 

By your Message of this day by Coll. Samuel Gillman & .George Walton, 
Esq. you seem absolutely determined either to force me to give up the preroga- 
tive of the Crown, or to prevent the supply I promised the Indians this winter 
at Canterbury. 

The Royal prerogative, I now assure you I dare not presume to give up, and 
if you prevent my engagements with the Indians you must consider that your 
House only will be answerable for the ill consequences that may insue ; there- 
fore when you fully weigh these things, I am persuaded, in favour to your 
country, you will reconsider your vote of 22 d Decern 1 ' that it may come to me 
free of any clogg whatsoever, thereby my good purposes to the Province will 
not be frustrated. 

B. Wentwoeth. 
Council Chamber, 29 th 

Dec r 1743. 



Fryday X br the 30 th a. m. The House met. 

Voted, That Mess™ be a Comittee of this House 

to joyne such as the Hon ble the Council shall app* to agree with 
some person or p'sons, for the Hiering of a suitable House for his 
Excell y Gov. Wentworth to live in, at as reasonable Rate as they 
can and to hire it for five or seven years and to make their Re- 
turn this afternoone if possible. Sent up. Mr. Sec y & Wibircl 
Comittee ab* y e Gov 1 * 8 House. 

Allowed Jo s Moulton for a journey carrying 

y e Treasurer's Wan 1 ', £11: 5: 6 old Ten r 

or the ballance of his acct. being £7: 17: 6 
Mary Seward Enter- Indians £8 : 1 : 9 Do. 

Rich d Wibird & Comp a Blankets, &c. £5: 16: 7 

Brentwood Petition heard. The House having considered 
thereon, Voted, That the said Petition be dismist. Sent up. 

The House adjourn'd to the 31 st curr*. 

Mr. Treasurer Jaffreys ace* audited, the audit Read & Accepted,,. 
& Due to y e Province £13: 5: 6 1-4 Entered on y e ace*. 

An Act for the case of appelP not to file Reasons of appeal e 
past. Sent up. 

Soldiers of Fort Wm. & Mary Petition Read, & allowd Jos. 
Langmaid £4: 10: 6 for and to Rich d Perry 17s 3d & to Jos. 
Langmaid 17s 6 for wood to 14 March 1743. Adj d to y e 3 d Jan T 
1743-4. 



[p. 76.] Jan y 3 d 1743-4, The House met. His Excels sent the 
Sec y to adjourn the Gen 11 Ass m to the 4 th curr* & accordingly the 
Sec y adjourn'd them to the 4 th curr*. 



222 PROVINCE OF NEW-HAMPSHIRE. [1744. 

[Met according to adjourn m*.~| 
The Act for & ab l appeals bro't in & read. The House adj d to 
the 5 th curr*. 



Thursday, Jan^ 5 th a. m. The House met. A vote for y e Comit- 
tee that goes to view Dover ab' the West End thereof, do view 
ab l Summers worth & represent it in the same return. Sent up. 
The High way act sent up past. Adj d to the 6 th curr*. 



Fry day, Jan y 6 th a. m. The House met. 

Voted, That the Treas r pay unto the Comittee that is appointed 
to write our Agent John Thomlinson, Esq. this Sessions, so much 
money as will purchase a bill of Exchange oi the value of fifty 
pounds sterling, which they shall send to John Thomlinson, Esq. 
with the advice & desier now to be sent him from the Gen 11 Ass m 
to prosecute the affaire relating to the Petitions of the Inhabi- 
tants of the Mass a now lying before the Hon ble the Lords Comit- 
tee for Trade, or elsewhere ; and that this fifty pounds Ster. money 
to be to s d agent Thomlinson towards the services he does for this 
Province, and further that the said agent be desier'd to send an 
accompt of w t charge he is at & has been at on our affaires since 
his last accompt, the above sum to [be] paid out of the money 
j)ut into the Treasury this sessions for the defence and support of 
the Government. Sent up. 

In the House of Renresen ts , Voted That the souldiers of Fort 
Wm. & Mary be paid one halfe years sallary from March last past 
out of the money ordered into the Treasury this sessions for de- 
fence and support of the Governm 1 . Sent up. 

The act for appeals past & sent up (1). 



[p. 77.] Tuesday, February 21, 1743-4. The House met ac- 
cording to adjournment. A Mess a sent to acquaint, his Excell y 
there was a quorum of the House met. 

Mr. Sec y came and bro n a Letter from Mr. Bastide the Ingin- 
eere. A Letter from Mr. James Scales (2) ab* the Indians & 

(l)Several lines of the "Journal of the House" ar Q here torn, defaced and illegible.— Ed. 

(2) James Scales was a graduate of Harvard College in 1733. He came from Boxford, 
Mass., with a recommendation from the church in that place, dated July 3, 1737, and was 
received into the church in Jlumford, July 17, 1737. He became a resident in Canterbury, 
was town clerk, and in the records is called Esquire. He is also spoken of as a physician. 
He was licensed to preach, and in 1743 received £20 for preaching to the people in Can- 
terbury. He was ordained the first minister in Hopkinton, N. H., November 23, 1757, 
was dismissed July 4, 1770, and died July 26, 1776.— Ed. 



1744.] JOURNAL OF THE HOUSE. 223 

Truck house & a Petition from nine Indians, for the House to 
consider of. Left them and withdrew. The House adjourned to 
the 22 d curr*. 

Letter from Mr. Bastide. 

[Copied from MS. Corr. in Secretary's office, p. 179,] 

Portsm X hr 19 th 1743. 

Sr. P'suant to an order in Council transmitted to me by his Grace the 
Master Generall & the Right Hon ble the Principle officers of his Maj ties Board 
of Ordinance, directing me " to come to this Province to search and take the 
" dimentions of the Guns w ch are in it, to assist the Inhabitants in Rebuilding 
" Fort Wm. & Mary & to transmit a Plan thereof to the Board of ordnance 
" with my Report concerning the same, That they may be Enabled to Repre- 
" sent to his Maj lie in Council what nature and number of Guns it may be 
"proper to supply this Province with," I left Boston the 5 th Inst. & arrived 
here the 7 th & in obedience to the above orders, I have taken a plan of the 
Fort as it now Remains with the ground ab 1 it & taken such notes as are 
wanted to project one w ch may not only defend the entrance of the River and 
Harbour, but also have a good cover on the land side, in case of an attack 
that way. 

I have likewise serched and surveyed the Guns w th in & w th out y e Fort and 
they are generally unserviceable or defective, as tbeir number far exceeds w 1 - 
is necessary for the Fort, the overplus of Twenty six Guns, w cb are fully suffi- 
cient for the Fort, may be propriated to out Batterys ct Block Houses Little 
Harbour without, and Clark's Point within the Fort, seem places which 
to have Battery's errected upon, and as this Province is soon to Build Block 
Houses on the Frontiers, I must desier your Excell- V will be pleased to let me 
know w 1 number you Require for the Block Houses & what natures. 

I shall also be glad to know, sir, w l Fund you bave towards erecting this 
Fort, w* part you can assign annually to the p'formance of it, & how soon 
you may be ready to make a beginning, that I may if possible attend to see 
the new Fort sett off & the Foundations layd. 

As soon as I can prepare a Plan & estimate of the Fort I shall send it to 
your ExcelP' that you may be apprized of y e whole expense. 
I am w th due respect, 

yo r Excelly* most humble & 

obed n serv 1 J. H. Bastide. 

To his Excelly Governor Wentworth, &c. &c. 



Order from Gov. William Shirley of Massachusetts. 
[Copied from MS. Corr. in Secretary's office, p. 183.] 

By his Excellency William Shirley, Esq. Captain General & Governour-in- 
Chief in & over his Majesty's Province of Massachusetts Bay in New 
England. 

Whereas it appears to me that his Majesty has been pleased by his Royal 
Warrant bearing date the twelfth day of December 1743, in the seventeenth 
year of his Reign, to constitute and appoint his Excellency Benning Went- 
worth Esq. his Majesty's Governor of New Hampshire to be surveyor general 
of all his Woods within the Colonies & Plantations in America, and whereas 
the said Benning Wentworth Esq. has signified his desire that I would issue 
my Warrant to the proper officers within this Province (and more especially 
within the county of York) to do whatniay be necessary on their Part for the 
assistance of himself & his Deputy Surveyors in the Execution of their office : 

I do therefore hereby require all his Majesty's Justices of the Peace, Sher- 



224 PROVINCE OF NEW-HAMPSHIRE. [1744. 

ilfs & other his Majesty's officers within this Province (& more especially in 
the county of York) whom it may concern, to give all necessary assistance to 
the said Benning Wentworth & his Deputy or Deputies in the due Execution 
of their office agreeable to the several acts of Parliament and the Laws of this 
Province relating to the same, That so his Majesty's Royal Pleasure & Inten- 
tion therein for the Preservation of his Woods within this Province & the 
Prevention of all Wast & spoil thereof may be rendered effectual : for w ch this 
shall be a sufficient Warrant (1). 

Given under my Hand & Seal at Boston the fourteenth day of January 
1744, in the eighteenth year of His Majesty's Reign. 

W. Shirley. 



Wednesday Jan y 22 d , 1743-4, a. m. the House met. 

To his Excels Benning Wentworth, Esq. Capt. Generall &, Gov 1 in chief in 
and over his Maj ties Province of N. Hamp 1 ' in New England. The desier of 
sundry of the Indians respecting a Truck House is hereby signified : 

May it please your Excelly. 

We have heard that your ExcelP & the Gen 1 Court of this Province have 
projected to build a Truck house in order to supply us with such things as 
we want from the English & it is very pleasing to us that your Excell>' and 
the Prov. have shown so much Respect & good will towards us. But we have 
heard also, That it has been proposed to set said Truck House somewhere at 
or near Winnipissioke Pond. And we humbly think that if it be set there it 
will be more Damage than benelitt to us. And we humbly desier that if a 
Truck House be built it may be set at a place which we call the carrying 
place, which is on the Easte side of the River which runs out of Winnipissioke 
Pond ag st the mouth of Pemichewassue River (2). And this is the [desire] 

of all the Indians, so farr as we had op'tunity to, & that for these 

Reasons. First. 

[Note. Here there is a blank in the "Journal of the House." — Ed.] 



[p. 79.] Feb v 22 d , 1743-4. 

A vote past for paying the signers of the £980 Pounds, £25 : 10 
as on hie. 

A Mess a to the Council on file. 

In the House, <fcc. Voted, That Mr. flunking Wentworth be of 

(l)Upon the back of the foregoing warrant is written, in the hand of Gov. Wentworth, 
the following : 

"Province of New Hampshire. 
To all whom it may concern : 

This is to Certify that Mr. Chrisr. Bradbury is employed by me as one of my Deputys to 
take care of the King's Woods in the Province of Maine. 
Given at Portsmo. July 26th, 1749. 

B. Wentworth, Sur'r Genl. 

of his Majesty's Woods." 

(2) This would be at or near the junction of the Winnipesauke and Pemigewasset rivers 
in Franklin.— Ed. 



1744.] JOURNAL OF THE HOUSE. 225 

this House to joyn such as the Hon ble the Council shall appoint 
to view his Maj ties Goal at Portsmouth, and see w* is necessary to 
be done for the securing the Prisoners in s d Goale, there being 
p'sons in there for cap 11 offences, & Mr. Sherrif & the King's Attor- 
ney have represented something o'g* to be done for securing the 
same, & make their Return as soon as possible. 
Mr. Sec y came with a Mess a from his Excell y . 

[Copy of the verbal Message.] 

Mr. Bastide is fully appraised of the provision made in the Loan Bill for 
the service of Fort Win & Mary & in w l manner it is to be paid & the cer- 
taine periods. 

Upon that Gen 11 letter of the 19 th X br to his Excelly w ch has been laid lie- 
fore the Hon hlfJ House, his Excell>" writes y* he shall urge on the Ass 111 an 
imediate provision for the Fort by Labour, or in some other way that may be 
tho't more usefull, in which he hopes to succeed. More especially since he 
had communicated their Excelly 8 the Lords Justices letter to them showing 
the absolute necessity therefor. 

' After the adjournm* the Gov 1 ' in another Letter says, That he is sorry to 
tell him that he did not succeed with the Ass" 1 as he hoped for, but that he 
dos not dispaire of getting something done upon the adjournm*, which Mr. 
Bastide writes the letter now to be communicated to you, in answ r to. 

[p. 80.] In the House of Represent Feb. 22 cl 1743-4. 

Upon reading Mr. James Scales Letter & the Indians Petition 
Relating to a Truck & Trade with them, communicated to the 
House yesterday by his Excell y , 

Voted, That this Mess a be sent to his Excell y in answer to that 
affaire, viz. 

That the Building said Truck House is an affair of great conse- 
quence, as well as the matter of Trade, at this critical time, there- 
fore the House have unanimously Voted it ly under consideration. 
Sent up the above. 

P. M. M. Livermore, Escf Mem Read. Messrs. Wibird & 
Solly came with a Mess a to know how the Interest to be allowed 
those Gen 1 that offer the money for Repaire of the Fort &c. shall 
be made good to the Fund. 

The House adjourn'd to the 23 d curr*. 



Thursday Feb. 23 d the House met. The Petition of Samuel 
Adams & Jos. Drew Read. Do. of Daniell Meaders in behalfe of 
himself & Quakers in Durham. Meaders Petition voted on to 
serve the Selectmen & stay gathering any more from the Quakers 
in the mean time. 

P. M. A vote ab't the money Sent for & towards Fort Wni & 
Mary, past as on File. 

Canterbury Petition. The within Petition read & voted: Pro- 
vided, The Proprietors of the Town of Canterbury Build a Bridge 
15 



226 PROVINCE OF NEW-HAMPSHIRE. [1744. 

this year sufficient for carts & carriages to pass & repass on over 
Suncook River where the way is now cut, to travel from Durham 
to Canterbury, & will warrant to maintaine the same Bridge for 
ten years, that then there be paid the said Proprietors the sum of 
fifty pounds Bills of credit out of the Interest money arising on 
the 25,000£ Loan, out of that part of the Interest appropriated 
for Highways & Discovery of the Country, when so much shall be 
in the Treasury. The House adjourned to the 24 th curr*. 



[p. 81.] Thursday (1) Feb^ 24 th a. m. the House met. Mr. 
Livermore Mem read againe & voted unanimously, That in an- 
swer thereto, That there be paid out of the Treasury, to the said 
Matthew Livermore, Esq. (out of the money Laid in for support 
of Government & contingencies) the sum of ten pounds Procla- 
mation money. 

Canterbury Petition & Mr. Livermore grant sent up. Mr. 
Packer as agent, or in behalfe of the Trustees, for that they had 
lost the Printed forms of the Mortgage (being cast away) to the 
value of neare twelve pounds, & pray'd allowance. 

The Question was put whether the House would allow it or 
not. It past in the negative. 

Another motion was made for allowance of a Book for keeping 
the accompt what and who mortgaged, when pd., &c. which was 
put to vote. It past in the affirmative. 

The Hon hle Judge of Probate made a motion for allowance for 
Books for the Register of Wills, &c. The Question put. It past 
in the affirmative. 

The Sec y came <& by his Excelly 8 order adjourned the Gen 11 
Ass m to the 28 th March next & Declared the Gen 11 Ass m adjourned 
accordingly. 



[p. 82.] Wednesday, Mar. 28 th 1744. The JHouse met accord- 
ing to adjournm*. Adj d to the 29 th curr*. 



Thursday Mar. 29, a. m. The House met. 

His Excell 7 sent a Letter from Gov r Sherly Relating to Fort 
Dumer, which was read, a copy whereof follows : 

Sr — I find that Fort Dummer, which falls within the Boundary line lately- 
settled by his Maj tie in Council betweer this Governm* and yours, on the New 
Hampshire side, has, notwithstanding persons have been Employed on the 
Part of your Governm 1 to run the Line, remain' d in the Possession of this 
Governm* so far as that the officers & soldiers which Garrison it have con- 

(1) Friday?— Ed. 



1744.] JOURNAL OF THE HOUSE. 227 

tinued in the Comiss n & pay of the Mass a Govemm 1 & that the Fort has been 
in all respects maintained by this Province, your Governm* having made no 
Demand or Request to have it Evacuated & y r Put into your Possession, Tho' 
I understand that you have appointed civil officers within the District of it. 

As that Fort is of great importance for the protection of his Maj ties subjects 
within both Governm ts I should be loth to Evacuate it at so critical a time as 
the present, till I know, S 1 ', that you are ready to take Possession of it, But 
am ready to give the necessary orders for delivering up, whenever you shall 
signifie to me your Desire to put yo r own officers and soldiers into it, that it 
may not be abandoned betwixt the two Governm ts to the Possession of the 
Indians. If you are not yet determined to maintaine any Fort there, I should 
be glad to know it, and that you will favor me with an answer, which will 
oblige, S r 3 

Your most Humble & most ob'd 1 Serv 1 
Boston, Mar. 27, 1744, W. Shirley. 

His JExcely Ben. Wen 1 . 

[p. 83.] A Mess a was sent pr Mr. Roby & Stephens, viz. That 
the House Desiers time to consider ab n taking- the Fort into our 
Poss 11 . 

Mr. Sec 7 & Wibird, Esq. came with a Mess a from his Excell y , 
viz. with a Letter from White Hall for putting the Province into 
a posture of Defence,(l) & not only so but to be ready to attack, 
<fe Gov. Shirlys Letter both read, And that Ins Excell y desiers a 
further answer. 

Voted, That Ebenezer Stephens Esq. be a Comittee of this 
House to joyn such as the Hon ble the Council shall appoint to goe 
and view the situation of Fort Dinner and what Inhabitants are 
neare it and also to go up Connecticut River, as Sigh? — as the 
settlement at a place known bY the name of No. 4, (2) & view 
that place & see if that be not a better situation than Fort Dumer 
for security of his Maj ties subjects of this Province, and to se what 
Inhabitants are about that place called No. 4, and make their Re- 
port as soon as Possible. 

The above vote Return'd and another made & sent up as on 
lile. 

Mr. Sec y came & by his Excell ys order adjourn'd the Gen 11 Ass m 
to the 17 th day of April next, 10 o' the clock a. m. 



[p. 84.] Tuesday, April 17 th 1744. The House met according 
to adjourning Adj d for two Hours. 

P. M. Epsom Bill read the first time. 

Mr. Sec y Bro't an act of the Mass a relating to Road Island & 
said his Excell y tho't it worthy the House's consideration &c. 

Whereas Wm. Cannada now lying in his Maj ties Goal by 
Judgm' of his Maj ties Sup r Court of Judicature & Court of Gen 11 
Goal Delivery, and it being represented to the House that the 

(l)The letter from White Hall cannot now be found.— Ed. 
(2) Now Cnarlestown, N. H.— Ed. 



228 PROVINCE OF NEW-HAMPSHIRE. [1744. 

said Cannada lies in verry ill circumstances in his body so that if 
he is kept in close confinem* his life is in great danger, and that 
he may not Perrish for want of assistance, Voted that Mr. Sherrif 
Packer may at present direct the under keeper of the Goale to 
take care for the help and relief of the said Cannada till the time 
limitted by the s d Court for to lye in Goal unless Execution be 
taken out relating to y e 3 fold damages and in the mean time if 
the said Cannada do not amend that some convenient place be 
provided for him where he may be nurst and tended, and that the 
charge be paid by the Goverment for the Reasonable charge of 
such nursing & lodging, &c. Sent up. 

P. M. To Theo. Atkinson,— Dr. 
To printing y e Act ab* counterfeiting Bills of Credit, of this Prov. 

in the newspapers, each paper 30,s 
To ream Paper £7, one Do. £3 
To coppying the act twice 
To Ink Powder & wafers 

Voted that it he allowed £15 : 10 

The House adjourn'd to the 18 th curr*. 



£3: 




£10: 




£1: 


1 


£1: 


10 



Wednesday Apr. 18 th 1744, a. m. The House met. 

The Question was put whether we should Build a Block House 
at Winnipishiokee Pond. It past in the affirm". 

[p. 85.] Drews Petition Read & voted to serve Elijah Drew 
<fe to app r 3 d sitting after the 1 st of May. 

Amesbury Petition Read : notify the Selectmen of Southhamp- 
ton to appeare y e 3 d day of next sitting of the Gen 11 Ass m after 
the first day of May. 

Tiberlane Petition read & voted to serve select men of Kings- 
ton to ap r the 3 d day of sitting after y e 1 st of May next. 

P. M. Epsom Bill read three times and past to be Enacted. 

Nottingham Bill read three times and past to be enacted. 
Cannadas Vote reconsidered, and Voted, That the said Cannada 
be immediately removed to some convenient Lodging and that no 
advantage shall be taken against the Goale keeper for so removing 
him, and that if he recover that then he be remanded to the 
Prison till the aforesaid Judgm* be comply' d with. Sent up. 

The House adjourn'd to the 19 th Current. 



Thursday the 19 th Apr. The House met. Langdon, Leare and 
Wadleigh Petition read, & Voted the pray r thereof granted & 
leave to bring in a Bill. 

Mr. Sec y Bro't a written Mess a from his Excell y as on file. 
[This Message not found.] 



1744.] JOURNAL OF THE HOUSE. 229 

In the House of Represent 5 Apr. 19 th 1744. 
In answer to his Excell 78 Mess a to this House of this day relat- 
ing to the former Provision made for his accommodation of House, 
Garden, Barn, &c. Voted, That there be a Comittee of this House 
to go & see where and for how much they can get a House and 
such conveniency for accommodating his Excel! 7 according to his 
Request in his said Message, and make their Report at the next 
sitting of the General Assembly, and that Mess 8 James Clarkson 
& Rich d Jenness be a Comittee for the aforesaid service. 

In the House of Represent 8 . 

Voted, That there be paid out of the publick Treasury to his 
Excell 7 the sum of twelve pounds ten shillings in add n to what 
was ordered last sessions for his Excell ys visiting the Frontiers of 
this Province, if occasion requires it. 

Ordered that all p'sons that were to be heard this day attend y e 
3 d day of the next sitting of the Gen 11 Ass m . His Excell v adj. to 
y e 9 th May next. 



[p. 86.] May the 9 th 1744. 

The House met according to adjournment. 

P. M. Hensdal & others Petition read (not paid) Praying men 
and money to protect them in case of a Warr. The House ad- 
journ'd to the 10 th curr* a. m. 



Thursday May the 10 th a. m. The House met. 

Mr. Speaker made a motion that his Excell y desiered him that 
two of the members might be sent down with him and his Majes- 
ties Inginere to the Fort & see where Batteries may be erected — 
Voted that Maj r Peter Gilman and Ebenezer Stephens Esq. be 
the Comittee for that end. 

Voted That there be a minuit taken of all the Laws enacted 
.since our printed Laws with y e date of their being enacted and 
time of Expiration, and y* y e Secretary be desiered to make out 
such minuit and lay before y e Court in order to have all such 
printed as shall be thought proper. On file — Sent up. 

P. M. Voted That Mr. Speaker, John Gage & Sam 1 Gillman, 
Esqs. be a Comittee to waite on his Excell y in ordei^to address 
hisMaj tie ab n the circumstance of our Frontiers against the French 
& Indians, &c. The House adjourn'd to the 11 th curr*. 



Fryday, May 11 th a. m. The House met. Voted That there 
be paid out of the Publick Treasury to Richard Hall the sum of 



230 PROVINCE OF NEW-HAMPSHIRE. [1744.. 

seven pounds (Old Tenor) in full for Lodging & nursing Wm. 
Cannada four Weeks from the 11 th of April last past. 

[p. 87.] Allowed Francis Tucker for Wm Kennada, 5 days 
nursing 30s, thread Is, getting a lodging 10s & shirt and making 
40s £4: 1. 

In the House, &c. The above Petition read (1) and the parties 
signing the same heard in the House, and upon consideration of 
the affaire Resolved, That whereas at the session in March last 
there was a vote of this House for a Comittee to go and view the 
settlem ts on Connecticut River from the Line as far northward as 
ther's any settlem 1 and to make their Return some time in June, 
Wherefore Voted, that this Petition ly for consideration until the 
Return of the said comittee. 

Whereas Peter Gillman & William Packer, Esqs. was formerly 
appointed to over-hall the Papers and files lying in the Recorder's 
office, and the Death of the late Recorder, Joshua Peirce, Esq. 
prevented them for doing the same within the time they were to 
make their Return, so that they think their authority expired, 
Wherefore Voted, That the said Comittee proceed to effect the 
said service and make theire Return to the General Assembly as 
soon as may be. 

P. M. Thomas Drews Petition read and the Petitioner Heard. 

In the House of Represen ts May 11 th 1744, Thomas Drew was 
heard on his Petition, and the adverse Partie being notified and 
absconding, the House ordered the Recorder to bring in the Deed, 
upon viewing which the House are well assured that it is fraudu- 
lent and, Voted, That the said Deed be delivered up to the Peti- 
tioner Thomas Drew. Sent up. 

Mr. Sec y came down And said he was directed by his Excell y 
order that y e General Assembly should be adjourn'd to the 19 of 
June next, And then Declared the Assembly adjourn'd accordingly. 



[p. 88.] May 23 d , 1744. 

The House met By order of his Excell y . Mr. Sec y came with 
a Mess a from his Excell y to know if the members were most come, 
& returned. 

Then he came againe with a Mess a that his Excell y required the 
attend a of the House in the Council Chamber. 

Mr. Speaker and the House went up. His Excell y made a 
Speech (2). Mr. Speaker pray'd a coppy & return'd. Mr. Sec y 
Bro't the speech & gave it the Speaker. 

Voted James Clarkson Esq. and Coll. Peter Gillman be a Com- 

(1) Hinsdale and others, of the 10th current.— Ed. 

(2) The Governor's speech and answer thereto are recorded in the " Journal of the Gen- 
eral Assembly," which see.— Ed. 



1744.] JOURNAL OF THE HOUSE. 231 

ittee to answer the Gov rs Speech. The answer Bro't in, Read, ac- 
cepted & coppyed & sent up. The House adjourn'd to the 24 th - 
curr 1 . 



Thursday, May 24 th . The House met. 
In the House <fcc. 

Resolved, That in case the Indians make any Rupture on the 
English settlem t3 between this and the 19 th of June next (and his 
Excell y shall declare Warr ag st them) That the House desiers his 
Excell y to Comiss" Voluntiers to hunt & seek the Indians where 
they can find them, and take or destroy them, and that for every 
scalp or Indian such voluntiers shall bring- in, his Excell y may en- 
gage the payment of fifty pounds for every such scalp or Indian 
that shall be bro't in by those acting under his Excellent Comiss 11 
and that this House at their Session in June will take care to 
make an act for the payrn' of such scalp money. 

As also for y e two hundred men that are to guard y e Frontiers, 
if they shall bring in any scalps or Indians, to be paid five pounds 
for every scalp or Indian. Sent up. 

A written Mess a from his Excell y on file (1). 

Mr. Sec y came & declared this Convention of the members dis- 
miss'd to y e 19 th June next. 



[Note. The following Message, which is without date, was probably 
written about this time.— Ed.] 

[Copied from MS. " Governor's Messages," in Secretary's office, p. 278.] 

Gentlemen of the Assembly, 

I thank you for the assistance you have so cheerfully given me for the de- 
fence of his Majesty's subjects, which shall be Imployed in the most useful 
manner for the defence & Protection of the Frontiers. 

Before I dismiss this Convention of the members of the General Assembly, 
It will be very agreeable to me to know the Sentiments of the Assembly what 
Premium I may promise for scalp money, if the Indians should give occasion 
to Imploy men in that service, before I meet you in General Assembly. 

I think it also necessary to be provided with a number of whale boats for 
the use of Merrimack River & the Great Pond, which I conceive would strike 
greater terror in the Enemy, than any other expedient, I can at present think 
of. Winnipissioka pond has been the Asylum & safe retreat of the Indians in 
former wars, after they had committed hostilities on our frontiers, and if they 
are driven from that quarter, by a number of whale Boats, I am persuaded 
our frontiers will be more secure than in past Wars. 

B. Wentwobth. 

(1) See " Journal of General Assembly."— Ed. 



232 



PROVINCE OF NEW-HAMPSHIRE. 



[1744. 



A List of the Commission officers in the sixth Regiment of 

Militia in the Province of New Hampshire. 

[Copied from MS. Corr. in Secretary's office, p. 205.] 



First Company 
Dunstable 

2 d Company 
Rumford 

3 d Company 
Nottingham 

4 th Company 
Litchfield 

5 th Company 
Methuen & Dracut 

6 th Company 
Suncook 



7 th Company 
Souhegan West 



8 th Company 
Souhegan East 

9 th Company 

Second Parish in Dunstable 



10 th Company 
New Hopkinton 



' Joseph French, Capt. 

Jonathan Lovell. Lieut. 

Henry Adams, Ensign. 

John Chandler, Capt. 
[ Jeremiah Stickney, Lieut. 

Nath 1 Abbott, Ensign. 
' Thomas Colburn, Capt. 

Joseph Winn, Lieut. 

William Cummins, Ensign. 

Jonathan Gumming, Capt. 

Sam 1 Moor, Lieut. 

John Usher, Ensign. 

Richard Kelley, Capt. 

Isaac Clough, Lieut. 

John Ober, Ensign 

Moses Foster, Capt 
| Benj n Holt, Lieut 

Stephen Holt, Ensign 

John Shephard, Capt. 

Joseph Prime, Lieut. 

Samuel Walton, Ensign. 

John Goffe, Capt. 

John Chamberlain, Lieut. 

Moses Barrow, Ensign 

Peter Powers, Capt 

Lieut ) Not yet appointed 

Ensign ) to be next Tuesday 

Isaac Chandler, Lieut 
Joseph Eastman. Ensign 



Pr. Col. Rolt'e. 
Province of New Hamp' May y e 22 d 1744. 

The within is a List of the Commission officers in the sixth Regiment of 
Militia in s d Province, and the Dignity of the Company settled according to 
his Excellencys orders to us the subscribers, 

Joseph Blanchard 
Indorsed " Company officers in Benjamin Rolfe. 

Col. Jos. Blanchards, Reg t; 1744." 



[p. 89.] Tuesday, June the 19 th A. D. 1744. The House met 
according to a.djournm*. 

P. M. Mr. Sec y came and said that his Exceil v required the 
attend* of the Hon 1 j v Speaker & the House at the Council Board. 

Mr. Speaker and the House went up accordingly. His Excell 7 
made a Speech (1). Mr. Speaker prayed a coppy & returned. 



(1) Thia Speech is in " Journal of General Assembly."— Ed. 



1744.] JOURNAL OF THE HOUSE. 233 

Mr. Sec y Bro't a copy of his Excell ys Speech and left it for the 
Clerk to coppy & return. The Speech Read. 

Voted, That Mr. Speaker Wiggin, Coll. P. Gillman, Coll. Roby, 
Maj r Stephens, Coll. Sam. Gillman be a Comittee of this House 
to waite on his Excell v this Evening to know if he has power to 
make money for carrying on the warr. 

The House adjourned to y e 20 th curr*. 



Wednesday June the 20 th . The House met. 

Whereas upon viewing the Millitary Laws of this Province 
there seems to be some contradictions in Recovering the Fines of 
Delinquent and several other Defects, which in the time of warr 
o'gt to have a more speedy way for the recovery„of the Fines, &c. 
and for the making an additional act for remedy of such Defects, 
as upon due examination may be found, Voted, That Coll. Peter 
Gillman & Coll. Roby be a Comittee of this House to joyne such 
as the Hon ble the Council shall appoint to consider of the Millitia 
Act, and draw up what additions they shall think necessary to be 
Enacted and make their Report to the Gen 11 Assembly as soon as 
Possible, in order to be drawn into an act. Sent up. 

Voted, That Coll. Peter Gillman, Coll Roby & James Clarkson 
be a Comittee of this House to joyne such as the Hon blc the 
Council shall app* to Draw up a Plan of what is most necessary 
to be done for carrying on the Present warr, and make an esti- 
mate of the Charge, & how to Raise money for defraying the same 
and make return. &c. Sent up. 

P.M. 

[p. 90.] Jaffrey, Wibird & Atkinson Warr Com". Downing & 
ab* the Prohibiting act. 

Voted, That Thomas Packer & Richard Jennes Esqs. be a 
Comittee of this House to joyn such as the Hon ble the Council 
shall appoint to Draw up an act to prevent the supplying any 
of the subjects of the French King, King of Spain or theire allies 
during y e Warr, with arms, ammunition, warlike stores or Pro- 
visions of any kind whatsoever under the Penalty of the forfeiture 
of the same and paying the sum of one hundred pounds and six 
months Imprisonm* without Bayle or mainprise. 

The House adjourned to the "21 st curr*. 



Thursday, June the 21. The House met. The above vote sent 
up. Mr. Sec v bro't the Papers relating to Annapolis, &c. referred 
to in his Excell ys Speech. Read in the House. The above re- 
turn'd & another sent up on file. 

The House adjourn'd to the 22 d curr 1 . 



234 PROVINCE OF NEW-HAMPSHIRE. [1744. 

Fryday, June 22 d . The House met. The Papers the Sec y 
bro't yesterday, returned. 

A Mess* pr Mr. Sec y from his Excell y for the war committee to 
consider Gov 1 " Sherleys ab* Fort Dumer & Annapolis, &c. 

Resolve of General Court of Massachusetts, June 12, 1744. 
[Copied from MS. Corr. in Secretary's office, p. 509.] 

Province of the ) 
Massachusetts Bay ] In the House of Rep ts June 12 th , 1744. 

Whereas the Preservation of her Majesties Fortress at Annapolis Royall is 
an affair of Great Importance to the Crown as well as to the respective Gov- 
ernments in New England and that until the arrival of some forces there 
from Great Britain it may be for his Majesty's service to afford some immedi- 
ate Relief, 

_ Therefore Voted, That his Excellency the Captain General be desired to 
give orders for raising two Independent Companys of Voluntiers consisting 
of sixty men each, exclusive of officers, to be sent to that Fortress as soon as 
may be at the Expense of this Province, and for Encouragement to good 
effective men to Enlist in this service that there be and hereby is granted to 
be paid out of the province Treasury to each able bodied man that shall En- 
list, twenty pounds old tenor or other Bills of Credit Equivalent, and that 
they be freed from all ordinary Impresses in this Province three years after 
their Return, and that his Excellency the Governor be desired to acquaint 
the neighboring Governments with the State of that Fortress that they may 
afford a reasonable aid of men for the aforesaid purpose ; and inasmuch as 
the said Forces are neither, to be subsisted nor paid by this Province during 
their continuance there, that his Excellency be further desired to use his 
good offices with the Commanders of that Fortress, in obtaining pay and 
subsistance for the said Companys from the Crown until they return home. 
Sent up for concurrence 



In Council, June 12 th 1744, Read & Concurred, 

Consented to 

Copy Examined, pr. J. Willard, sec. 



F. Cushing, Spek r 
J. Willard, Secy 
W. Shirley. 



Establishment of the officers Pay in Massachusetts on the 
Expedition against Louisbourgh, 1744. 

[Copied from MS. Corr. in Secretary's office, p. 217.] 

Generall pr month £15 : 

Collonell 12 

Lt. Coll 10 

Major 8 

Adjutant 4 : 10 

Capt. 4: 10 

Lieut 3 

2d Lieut 2 

Sergent 1 : 10 

Corporal 1 : 8 

Clerk 4 

Surgeon Gen 11 5 

Under Surgeon 4 : 10 



1 : 


12 


1 




4 : 


10 


9 




4 : 


10 


2 




4 




1 


: 12 


1 


: 12 



1744.] JOURNAL OF THE HOUSE. 235 

Drum Major 

Comon Drum 1 " 

Chaplain 

Capt of y e Artillery 

Lieut 

Qr. Gunner 

2 Bombarders 

Do Assistance 

Armorer 

Incouragement for the men that Inlist, viz. 

To each man besides what is mentioned in the Proclamation 

by way of Bounty, old Tenor, £4 : 

To Billiting money from the Time of Inlisting pr. week to 

pay from the time of Inlisting 1 : 

To each Capt. over & above his pay for his Expences in 

Visiting his Company, old Ten 1 ' 25 : 

Further to Incourage men to Inlist it is proposed that the Widows or 
nearest relatives of any officer or soldier that is slain or shall otherwise loose 
his life in the service, shall be entitled to four months pay. 

And that the wives of any officer or soldier in the Expedition or any 
other person that appears with a power of Attorney duly authenticated, shall 
at the end of every month receive out of the Treasury half or all the wages 
of such officer or soldier as he appears for which will greatly encourage the 
present Expedition. 

Voted, That besides those at the Fort there be for scouting & 
covering the Frontiers 150 men at £5 pr month and Provisions, 
viz. for provisions at usual allowance. 

The House adjournal to the 23 d curr*. 



[p. 91.] Saturday June 23 d , the House met. Voted That the 
Fort at Winnepiss* be 100 foot square & 14 foot square for the 
Flankers, the Lower part, & 17 foot the upper part jutting over. 

Voted That his Excell y is hereby Desiered to order one hun- 
dred and fifty men to scout, guard & cover the Frontiers of this 
Prov : for security of his Maj ties subjects for a fortnight at five 
pounds pr month and provisions as usual, These to be besides 
those that are to be at the Fort. Sent up. 

Eod m Die, Voted that there be fifty men (Including fifteen as 
soldiers) set to work on Fort Wm, & Mary, to carry on the Re- 
pairs thereof & at the other souldiers wages & Provisions, for a 
fortnight besides artificers. Sent up. 

The House adjourn' d to the 25 th curr 1 . 



Monday June the 25 th The House met. The House adjourned 



to the 26 th curr 1 . 



236 PROVINCE OF NEW-HAMPSHIRE. [1744. 

Tuesday, June the 26 th 1744. The House met. 

A vote sent up for building a Fort at Winnipissiokee ; but 
must be borrowed having no copy. 

A vote for Emitting 2500 for Repaire of Fort Win & Mary 
sent up : but must be borrowed to copy. 

A vote for £5500, pounds for 200 soldiers, Powder, scalps &c. 
Sent up. Entred Aug. 22 d . 

Mr. Wibird came with a Mess a from his Excell y that he desier'd 
the House to proceed on any other Business, and the votes sent 
up to day was to lye for consideration. 

P. M. In the House, Voted, That Messrs Peter Gillman, 
Jotham Odiorn & Hunting Wentworth be a Comittee of this 
House to joyne such as the Hon ble the Council shall appoint to 
Examine & audit the Treas rs accompt and other accompts of the 
Province and to do it as soon as possible. Sent up. 

Voted, That Messrs Jotham Odiorn & Hunking Wentworth be 
a Comittee of this House to joyne such as the Council shall ap- 
point to tell over all money to be Burnt this Sessions. Sent up 
July 3 d . 

Mr. Husk came and said that his Excelly Directed him to ad- 
journ the Gen 11 Ass m to Monday the 2 d July next. 



[p. 92.] Monday July 2 d A. D. 1744. The House met. 

Allowed Mr. Speaker Wiggin ace* for wheels, carriages &e. for 
the Fort Wm & Mary, sixty two pounds four shillings, (old Tenor) 
out of the money for Repair of Fort Wm & Mary, £62 : 4. The 
House adjourn'd to the 3 d curr*. 

Tuesday July the 3 d . The House met. Mr, Sec y Bro't a 
written Mess a from his Excell y & read it as on file (1) and a coppy 
of his Maj ties 19: Instruction relating to striking money. 

Mr. Sec* came with a Mess a from his Excell y to know if the 
House had an answer ready or would answer his Speech (2). 
The answer Bro't in, Read and accepted, & ordered to be writ 
faire. 

P. M. The answer to his Excell ys Speech sent. 

[Copied from MS. " Governor's Messages," in Secretary's office, p. 291.] 

Province of New Hamp r . 

The answer of the House of Representatives to his Excell^ Speech of the 
19 th June last. 

May it please your Excellency 

We have considered the several particulars in your ExcelL vs Speech and 
shall endeavour to act in every one of them, as will be most consistent with 
our Duty to his Maj tie and with the trust reposed in us by those whom we 
represent. 

(1) This Message is not found on record.— Ed. 

(2) That is the Speech of 19th of June, 1744.— Ed. 



1744.] JOURNAL OF THE HOUSE. 23 T 

We are not insensible of what your Excels is pleased to observe of the mis- 
representation of our Gracious Sovereign, and the unjust Reflections upon 
his conduct in the French Kings Declaration of War, & shall be ready upon 
all occasions, and as is proper for persons in our place & station. 

As to what your Excels mentions of our Refusing to do w* was proper in 
order to an Interview with the Indians, We can't possibly think ourselves any 
wayes to blame, as we voted a sum for that Expence, and never knew till now 
that your Excell> T tho't said sum to be insufficient. 

With regard to the Repairs necessary to be made for his Maj ties Fort Wm. 
& Mary we are now Repairing & shall be ready to do all that is in our power. 
As to Lodging a Fund in the Treasury for Emergencies we shall be ready to 
do all that is proper, if Bills of Credit can be Emitted, or any way found out 
for the same, and your Excelly 8 Proposal with relation to a Fort at Winni- 
pishiokee &c. we referr to our Vote sent up thereon Dated 26 th June last 
past. 

As to the Addition of men at Fort Wm. & Mary with suitable Subsistances, 
We say we are ready to do all that is Possible considering our present Cir- 
cumstances, But sbould be glad to do much more, if a way can be found out 
for Emitting a sum of Bills of Credit or such other methods as shall be tho't 
practicable. 

Your Excell>' is pleased in the next place to recomend to us the example of 
the northern Governments in iiting out a ship of War to Defend our sea 
Coasts, But we think this will be an Expense to heavy for us in our present 
circumstances. 

As to what has been transmitted your Excels of what has passed in the 
Gen 1 Court of the Mass ;i of appointing Comiss rs to meet at Albany in order 
to an interview with the six Nations, the House was then not in a capacity of 
acting being adjourned to a Longer Day, and the notice given your Excelf> T so 
short that it was impossible to do any thing thereon. 

And as to our affording any assistance for the Reinforcement of his Maj ties 
Garrison at Annapolis Royal, we shall be glad upon all occasions to pay our 
Duty and express our gratitude to his Maj tie , But we can't think that he will 
expect,*or think it reasonable that we should look so far abroad, till we were 
better provided for our security at Home, or that we should exert ourselves 
for the Protection of a remocti Fort or Garrison, till our own was in a proper 
posture of Defence. 

Upon the whole, we assure your Excels that we shall have the safety of 
our Country and the Publick good verry much at heart, & shall Endeavour 
(by the help of God) as far as we are concern' d, with all possible Dilligence 
and unanimity to pursue the measures that may be conducive to it. 

And 1 ' Wiggin. Speaker. 
July 3, 1744. 

Voted That James Jeffry be paid out of the Publick Treasury 
the sum of forty pounds sixteen shillings (old Tenor) out of the 
money laid in for contingencies &c. for his service as Clerk of the* 
Ass m from the 25 th June 1743 to the 25 th of June 1744, being 6& 
days at 12s pr day. Sent up. 

Allowed John Robinson & Richard Cally ninety three pounds 
eight shillings (old Tenor) for Wheels, Carriages, axletrees &c 
for Fort Wm & Mary, out of the money for Repaire of Fort Wm 
& Mary. 

The House adjourn'd to the 4 th curr*. 



238 PROVINCE OF NEW-HAMPSHIRE. [1744. 

Wednesday, July 4 th 1744, the House met. 
Prov. N. Hamp r . In Council, July 4 th 1744. 

Resolved That Geo. Jaffry, Theo. Atkinson & Rich d Wibird 
Esqs. be a Coinittee to joyne with a Comittee to be app d by the 
Hon ble House of Represent 8 to Remonstrate to his Excell y the 
necessity of a further Emission of Pap 1 ' money for the actual 
defence of this his Maj ties Prov. & the Inhabitants thereof setting 
forth the Sum required to be Issued for six months expence. 

[p. 93.] Also to Draw up a Plan how and in what manner the 
Money to be Issued to be Imployed for the Building & Repairing 
the fortihV & what else may be necessary for the safety and de- 
fence of the Province and to Report the shortest Periods for call- 
ing in the money that may be issued in order to be laid before 
his Excell y . 

Theo. Atkinson, Sec y . 

Eodm. Die. In the House, <fec. The above vote of Council 
Read and concurrVl & Resolved that Messrs Jotham Odiorn, 
Peter Gillman & John Gage, Esqs. be a Comittee of this House 
for the ends aforesaid. 

Voted, That Sain 1 Gillman & John Gage Esqs. be a Comittee to 
view the Secy 8 Records & see his Entrys, and Rep 1 what they 
think he ought to have for his service. 

The House adjourned to the 5 th curr*. 



Thursday, July 5 th , 1744, The House met. 

Comittee ordered out to tell the money and to Remonstrate to 
his Excell y what money may be wanted for carrying on the War 
and Fortifications, Powder, &c. 

The Remonstrance of the Committee appointed, <&c. 
[Copied from MS. Correspondence in Secretary's office, p. 213.] 

Forasmuch as by a Kesolve of the Gen 11 Ass m of this day appointing us the 
subscribers a Comittee to Remonstrate to his Excell v the Gov 1 ' the Necessity 
-of an Emission of Paper Money, for the actual Defence of this his Maj tlcs 
Province, & the Inhabitants thereof, to make an Estimate of the sum Re- 
quired to be Issued for six months, and also to Report the shortest Periods 
for calling in the money so Emitted : 

We have taken the said Resolve, and the several things therein mentioned 
under consideration, And do report as follows, viz. 

That in order to safeguard the River Piscataqua, the only Sea Port in the 
Province, from the Insults of the Enemy that may attack us by Sea, There 
is an Imediate & absolute necessity to have the Wales Platforms & Carryages 
of the guns at Fort Wm & Mary Repaired, or made new, which, with the 
smal Stores necessary for action will cost (for the artificers, laborers & mate- 
rials to put the said Garrison in any tollerable condition for Defence) by the 
shortest Computation, at least one thousand five hundred pounds, £1500. 

We also think it absolutely necessary to have a Fort at the Great Pond 
Winipissiokee which we conceive will be of Emminent service in Preventing 



1744.] JOURNAL OF THE HOUSE. 239 

the Enemy from passing by water neare our Inland frontiers & to Lodge 
Provision & Ammunition for our soldiers and volunteers, and to have a 
number of Whale Boats secured there to Scout the Pond, and Rivers there 
adjacent. This Expence will be at least for Building Fort & Boats one 
thousand Pounds, £1000. 

That there is the same necessity for fifteen men to be posted at Fort Wm 
<£ Mary to learn the Exercise of the Great Guns &c, which at 508 pr month 
Each will Am to for six months, £225. 

The same number of men for the Fort at the Pond for six months at the 
same rate is £225. 

That in order to the Least Defence it is necessary to have purchased for 
the use of the Province at least fifty bbs. of Gun Powder w" h at £12 : 10s 
is £625. 

That in case of an Indian War our inland Frontiers cannot be defended in 
any safety in the several Parts of the Province w th out two hundred men 
being Imployed in that service & that each man for subsistance & wages cost 
pr month 50s which for six months amounts to £3000. 

And inasmuch as we have always experienced in former wars with the 
Indians that voluntiers have struck the greatest terror and have been of the 
most service in annoying the Indians, we think it of the last consequence 
that the Treasury should be supplyed with a sum of money for a Premium 
for Scalps & an Incouragem* to such men as shall pursue the enemy into the 
Wilderness, & the least we can imagine necessary for this service is £2000. 

We also advise to the purchasing small arms for the Fort, &c. without 
which no Defence can properly be made at either Garrison, & that a sufficient 
number will cost £200. 

And that as in the carrying on the War against her Maj ties Ennemies 
many necessary charges may arise which will call for sudden supplys, it will 
be necessary to have a stock in the Treasury for such Emergencies, at least 
£1225. 
The several sums amount to £10,000. 

All which is in addition to the comon and ordinary charge of this Gov- 
erning and comes suddenly upon it by reason of the war, so that there is no 
money in the Treasury, which renders it intirely unable to do what is abso- 
lutely necessary for its subsistance, and we can see no way to support the 
Hon 1 ' or the very being of the Province unless his Excell v can be prevailed 
upon to Grant an Emission of Paper money sufficient only for these neces- 
sary unforeseen Extraordinary Expences. 

His Maj ties Instruction that his Excels hath been pleased to lay before the 
Gen 11 Court touching the Emitting Paper Bills being, we humbly concieve 
calculated for the good of the Province in time of peace, when their charges 
that are now absolutely necessary for the support of the Province could not 
be tho'* of by his Majesty. 

That as that Instruction was intended purely for the benefit of the Prov- 
ince in that time, to give it no greater a Lattitude in its construction than 
barely the Letter, must at this time unavoidably prove its utter ruin which 
we are sure could never be his Maj ties Intentions. 

And for a Fund for drawing the said sum of Bills into the Treasury againe, 
we think it advisable that the same (so much of it as is not provided for by 
the Literest of the £25000) should be repaid by a Tax upon the Poles & 
Estates of the Inhabitants in four equal annexed Payments, viz. 1745, 1746, 
1747, 1748. 

All which is humbly submitted, by, 

Geo. Jaffrey 
Theo. Atkinson 
R. Wibird 
Peter Gilman 
J. Odiorne 
John Gage. 
The House adjourn'd to the 6 th curr*. 



240 PROVINCE OF NEW-HAMPSHIRE. [1744. 

Fryday, July the 6 th The House met. 

In the House of Represent 8 , Voted that there be paid out of 
the Publick Treasury to Theo. Atkinson Esq. the sum of fifty 
Pounds, for all his services as Sec y and other extra services don 
by him for the yeare 1743 to the 25 th of March, 1744, in full. 

Mr. See 7 Return'd our vote of the 23 d of Feb y for Borrowing 
of money of Messrs Wentworth, Atkinson & Odiorn for Fort 
Win. & Mary & appointing Messrs Clarkson & Odiorn a Comittee 
of Inspection for providing necessarys, &c. 

Coll. Smith bro't a vote of Council for a Comittee ab l Forts, 
<fcc. viz. 

Province of New hampshire, In Council July 6 th 1744, 
Resolved, that a Comittee of Both Houses be appointed to pro- 
vide such materials for repairs of his Maj ties Fort Win & Mary & 
[p. 94.] other fortifications to be erected as shall be Required by 
the Capt. Generall, Also, That the said Comittee shall agree with 
such artificers as the Capt. Generall shall think necessary to be 
Imployed, and Report to the Gen 11 Ass m what may be done on all 
accounts, matters and things may be bro't in by Tradesmen, 
Labourers, or other Persons Imployed in the said service of the 
Governm*, That no exaction may be made whatsoever in services 
done or materials purchased. 

Theo. Atkinson, Secy. 

Eod m Die. In the House of Representatives the above Resolve 
of Council read and unanimously non-curred. 

James Jetfry Cler. Ass m . 

Mr. Sec- V came & Bro't a Mess a from his Excell y which was 
read. [This Message is not found on record or on file.] 

A vote ab* Building Winnipess 6 Fort, Rep r Fort fm, & Mary, 
by a Comittee, sent up. 

A mess a sent by the Clerk w th the House answer to y e Gov m 
Mess a . 

Answer of the House. 

[Copied from MS. " Gk>v rs Messages," in Secretary's office, p. 295.] 

In the House of Representatives, July 6, 1744. 

An answer to his Excellencys message of this day, Relating the Committee 
Remonstrance : 

Whereas a Committee of both Houses have been chosen to Remonstrate 
to your Excellency what money will be requisite to be Immediately Emitted 
for the Defraying the charge of carrying on the p'sent warr in Defence of 
this his Majesty's Government, And the said Remonstrance being this day 
Laid before the Assembly who have carefully Exam d every particular of the 
same, and the House is unanimously of the opinion that the Periods for 
calling in the money so Emitted is very short and will be an almost insup^ 
portable burthen for his Majestys good subjects of this Province, yet Never- 
theless, considering the p'sent Nessessity we are in for the Defence of Hisi 
Majesty Government, we are willing to comply with it. And if your Excel- 
lency will be pleased to give your Assent for the Emitting Immediately the 



1744. 



JOURNAL OF THE HOUSE. 241 



Sum therein mentioned the House will be ready to Prosecute the Purposes 
Purposed in said Remonstrance for the Defence and safety of his Majesty 
good subjects of the Government. 

But in case no money can be Emitted for the Purposes aforesaid, we are 
not able to maintain the Frontiers of this his Majesty Government, but must 
call in the same and put ourselves in the best posture of Defence according 
to our present circumstances. 

July 6 th . 1744. And 1 ' Wiggin, Speaker. 

The House adjourn'd to the 7 th curr 1 . 



Saturday, July 7 th 1744, The House met. Sec- V return of the 
Laws on file. 

A Mess a from his Excell y pr Mr. Sec y read as on file. Messrs. 
Odiorn and (Tillman chosen to answer it. The Answer bro't in 
read & accepted & sent up. 

Governor 's Message, July 7, 1744. 
[Copied from MS. " Gov rs Messages," in Secretary's office, p. 297.] 

Gentlemen of the Assembly, 

You have had their Excellencys the Lords Justices commands signified to- 
me by their Secretary of State, a long time under your consideration, and the 
Letters now lay before you, therefore that I may Justine my conduct therein 
to his Majesty I demand an immediate and Categorical answer from the 
House, whether you will Enable me to pay a due obedience to their Excel- 
lencys repeated commands. 

And that you may have no excuse for not enabling me to execute the 
Royall orders, I am now ready to assent to a further Emission of paper 
money to answer the present Extraordinary Emmergencies of Government 
provided you make an actual undeniable Fund for drawing in the same, 
within the Limits of the Committees remonstrance and not Exceeding the 
sum therein mentioned. 

Council Chamber, 7 th July, 1744. 

B. Wentwohth. 



The answer of the House of Representatives to the Message his 
Excellency sent this clay. 

[Copied from MS. " Gov rs Messages," in Secretary's office, p. 299.] 
May it please your Excelly. 

The House have considered of your Excell vs Message of this day, And in 
answer thereto beg leave to say that wee are willing and ready to do every 
thing in our Power for the protection & safety of his Maj ties subjects of this 
Province, and that seven thousand live hundred pounds, part of y e ten 
thousand pounds proposed to be Emitted, be laid on the Poles and Estates, 
and paid into the Treasury in four years in four equal payments, and that as 
there will be an annual Interest arising from the twenty hve thousand pounds 
Loan, part of which is appropriated for the Fort Win. & Mary, and part for 
Building a Fort Winnipissioke Pond, That two thousand five hundred pounds 
thereof shall be for a Fund for the two thousand five hundred pounds, the 
remaining part of the said Ten thousand pounds proposed to be Emitted, 
which this House is of opinion is a good and sufficient Fund, inasmuch as 

16 



242 PROVINCE OF NEW-HAMPSHIRE. [1744. 

provision is already made for the payment of the Interest aforesaid, and that 
two thousand five hundred pounds of said ten thousand pounds be imployed 
& improved towards the Repaire of Fort Wm & Mary, and towards Building 
a Fort at Winnipissiokee Pond as shall be agreed upon by a Committee or 
Committees to be appointed by the Gen 11 Ass m . 
July the 7, 1744. And r Wiggin, Speaker. 

Mr. Seo v came and acquainted the House that the Gen 11 Ass m 
was adjourn'd to Monday next. 



Monday July 9 th 1744. The House met — and adjourned to 
the 10 th curr*. 



Tuesday the 10 th . Mr. Sec J " Bro* a Mess a from his Excell y , Read 
it & Left it on file. 

His Excellency's Message, July 10, 1744. 
[Copied from MS. " Governor's Messages," in Secretary's office, p. 305.1 

Gentlemen of the Assembly, 

It gives me great concern to see his Majesties Comands meet with the least 
difficulty in being cheerfully and readily obey'd, more Especially in a point 
which concerns your own safety and Protection. The early care his Majesty 
has taken to command his Governours in the respective Plantations, to arm 
for their Defence shews the great regard he has for his subjects in this remote 
and distant part of his Dominions, and it is with the utmost regret that I 
must tell you, that New Hampshire is the most backward of any of the King's 
Governments with respect to their defence. The crys of the Frontiers are 
daily arriveing to me, praying for protection, and you are sensible that my 
hands are tyed up from their relief. 

In my Message to the Hon ble House of Saturday last, I demanded a positive 
answer to the king's Commands which are before you, and in the same Mes- 
sage I assured you that I had come to a resolution to assent to the Issueing a 
sum of money upon this Extraordinary occasion, within the limits of the 
Comittees remonstrance provided the periods for calling in the same were not 
Extended too far, and upon an undeniable Fund. The former you gave no 
answer to, and in answer to the latter you in part proposed a Revenue of the 
Government for a fund, which for this Emission I dare not assent to, tho' 
whenever any part of that Revenue comes into the Treasury you may rely 
on my assent to the applying it to any other occasion of Government if the 
General Assembly thinks it necessary. And during the continuance of this 
war you will always find a necessity to make use of that revenue, and a much 
larger if you had it. So that if I could assent to the appropriating the reve- 
nue you offer as a fund for the present Emission, I can't see any advantage 
would arise to the Province by such an assent. 

Gentlemen, 

As my Assenting to a further Emission of paper Currency is a direct viola- 
tion of his Majestys Instruction on that head, which nothing but the safety 
and Protection of my country would tempt me to offer the least violence to, 
and for which I must lay myself at his Majestys feet for Pardon, so previous 
to my assent, I shall expect you choose a Committee to join with a Committee 
of his Majesties Council, to make a fair representation to your agent, of the 
necessity I was under to make this breach on the Roy all orders, instructing 
him at the same time, to solicit at the proper offices, to take of, or prevent 



1744.] JOURNAL OF THE HOUSE. 243 

any censure I may be subjected to, and during tbe continuance of the war 
you will have further occasion for money to be Emitted, Therefore the same 
Committee may and should be Impowered to write your agent to apply at 
the proper offices to obtain leave for the Emission of such sums of money 
as may be tho't necessary, during the continuance of the war, and unless 
such a Licence can be obtained, I now assure you I shall not be able to help 
you let the necessity be ever so urgent, tho' I have ventured to do it now 
upon the terms mentioned. 

Council Chamber, B. Wentworth. 

in Portsmouth, July 10 th 1744. 

Voted that Messrs Speaker, Coll. Roby, Geo. Walton, Coll. 
Wallensford be a Comittee to waite on his Excell y to talk of the 
Reasonableness that the Interest of the £25000 Loan is a good 
fund for Raising money, &c. 

P. M. Eben r Stephens, Esq. sent to know if the Council had 
past on y e Wheel acc ts . 

[p. 95.] Mr. Sec y came with a Mess a from his Excell y for that 
his Excell y thinks the House misunderstands his Mess a — sundry 
other things to long to Enter. 

Mr. Sec y came in answ r to the Mess a pr Capt. Stephens & said 
that them acc ts were not past upon but was under consideration. 

The House adjourn'd to the 11 th curr*. 



Wednesday, July 11 th 1744. The House met. Mr. Sec y came 
<& ask 1 lor Letters from Mr. Stone &c. which was sent up. The 
Answ r Bro n in and accepted & unanimously voted to be sent. 

The House adjourn'd to the 12 th curr*. 



Thursday, July the l*2 th . The House met. And sent up 

The answer to the Governor's Message of the 10 th 1744. 
[Copied from MS. " Gov rs Messages," in Secretary's office, p. 309.] 

May it Please your Excellency, 

This House have attentively considered your Excelly s Message of the 10 th 
Inst, and have endeavored impartially to Enter into the merits of the main 
point in difference between your Excelly & the house, we have carefully 
reviewed what bas past upon this occasion, and the rather for the hint your 
Excelly gave in one of your Messages, That a reconsideration would discover 
the Insufficiency of the Scheam we were upon, being sensible of the Biasses 
mens minds are subject to, and the strong attachment they are often under 
to an opinion once imbibed, or a Principle received with the appearance of 
reason. 

We have been desireous to take of all prejudices, and to form as just & 
true a Judgm* in the case as possible. And after all beg leave to answer your 
Excell v , we can't see any Reason to depart from the method proposed in the 
Remonstrance and more particularly exprest in the answer of the House to 
your Excell^ 8 Mess a of the 7 th curr 1 . In your Excell vs last message you 
inform the House that you had come to a Resolution to assent to the Issuing 



244 PROVINCE OF NEW-HAMPSHIRE. [1744. 

a sum of money upon this Extraordinary occasion within the limits of the 
Committees Remonstrance, Provided the periods were not Extended so far 
and upon an undeniable Fund. 

Upon which we would observe, that we are at a Loss to understand your 
ExceD s meaning, or why the Fund proposed is not undeniable we are not 
able to see, but apprehend it is a real substantial Fund sufficient to all intents 
and purposes to answer the Ends proposed & such an application of the 
Interest of the Loan, is only giving of it being, or fitting it for use a little 
sooner than it would otherwise have been if that Loan & the Interest answer- 
ing has a sufficient Fund (and we presume that will not be denied at this 
time after the Royal approbation <fc the repeated Acts of the Governing there- 
on) it must itself be as good & sufficient a Fund for any other Emission equal 
in value. The Stone in a Building which is well laid will always beare another 
of Equal weight. Nay wee think we may justly add 'tis a better Fund than the 
usual way of Taxing the Poles and Estates because they may be delayed and 
often in great measure defeated in Levying & collecting, for no particular part 
of a mans estate is bound to pay those Taxes, till it is seized, and by transfer- 
ring of Estates & removal of Persons the Rates are often lost, at least delayed 
in the payment, which can't happen with respect to the security of the Loan,, 
because a particular & sufficient part of y e Borrowers Estate is bound and 
can't be alienated to other purposes. 

And if in any instance there should be a failure thro' defect of Title in the 
Borrower (in which regard all possible care has been taken) yet even then the- 
Poles and Estates of the Inhabitants of the Province are bound to make it 
good. So that even then there will be as good a Fund for that part of the 
Loan as an Emission upon the Poles and Estates has at first. And therefore' . 
we are not able to discover any defect in it, or why it is not undeniable,, 
unless what your Excels says a little alter, viz. That we propose a revenue 
of the Governm* for a fund contains just matter of objection ; but as to that 
we beg leave to observe that we know no reason why it might not be a Fund, 
if it was at this time a Revenue. It will not in the least inconsist with the 
original designe of the Loan Bill. But rather will more effectually execute 
that designe by hastening and furthering the accomplishment of several of 
the things proposed in that act, and which it was calculated for, but as was 
before printed it is only more vigorously exciting ourselves to effect these 
good purposes for which we have the pleasure of his Maj ties approbation. 

But further we can't see that this at present can properly be called a 
Revenue of the Governm* because as to that purpose it has not yet a being 
and the use we would make of it is like a man mortgaging the Reversion of 
an Estate which he is sure to have & which is good security for the vallue, 
tho' the Mortgage has no immediate profit, its therefore we can see no man- 
ner of inconvenience attending the application proposed on the one hand,, 
but a certaine advantage & benefit to his Majesties good subjects whom we 
Represent, on the other, your Excell^ will excuse us if we adhere to a Point 
which in this view necessarily becomes our Duty to do. When your Excels 
tells us we have given no Answer as to the Limitation of the period for 
calling in the sum proposed to be Emitted, We can't but suppose that in the 
hurry of affairs it must have slipt your notice, for in that regard the 
Remonstrance of the Comittee & what was added by the House in their 
aforesaid answer to your ExcelP' s Mess a of the 7 th of July, is explicit. 

Your Excelly has been pleased to put us in mind of difficulties w th w ch you 
are incumbred on this Emergencie, with regard to which We would express a 
proper concern by effectual endeavours to remove such of them as may be in 
our Power. But your Excels is too well acquainted with the Duty properly 
incumbent on us, arising from the relation we stand in to the People, and the 
place we hold in the Governm* to need reminding that we ought to be equally 
concern'd (at least) to avoid bringing insuperable Burthens on our Constitu- 
ants, And we assure your ExcelP' that nothing but a Sense of Duty in that 
regard prevents us from concurring in sentiments with your ExcelP' in the 
Point under Debate. 

We conceive this House has not been backward nor slack of expressing 
their duty to his Maj tie upon all occasions, of which there are standing -evi- 



1744.] JOURNAL OF THE HOUSE. 245 

•dences in the Liberal advancement of sums far beyond the abillity of those 
they Represent, when his Maj ties Hon r & service cal'd for it, of which your 
Excell> r has had verry sensible experience in times past, in which regard we 
beg leave to be y r Excell vs remembrancers, and that we have not been behind 
hand on the present Emergencies we have the pleasure to see your Excelly s 
concurring in opinion with us in your thanks for the assistance we had so 
chearfully given for the Defence of his Maj ties subjects so lately as the 24 th of 
May last, and what has been farther done since that has much enhansed the 
ace 1 . So far is this House from incurring any just imputation of neglect or 
omission of their duty to his Maj tie in not pursuing all just & reasonable 
measures that have been in their Power, since your Excels signified their 
Lordships comands referred to, and Especially since the Declaration of war, 
That we can't but think, on the contrary, we have been wanting in Point of 
tenderness to the People on whom the weight & burthen of all expenses 
must Eventually fall. If your ExcelL y is under any restrictions with respect 
to the Fund we propose, which have not been mentioned, you will excuse us 
for not attending to them till we are particularly inform' d w* they are. As for 
w* has been urged, we think your Excell- V cannot possibly incur his Maj ties 
displeasure in the least degree for waving it, And so far as we can judge it 
would be acting in conformity to what his Maj tie bas already approved. But 
if there was any danger in the case to your Excell- V there is no doubt but the 
House and their successors will be always ready to pursue all necessary meas- 
ures for the safety and interest of a governm t that should Risque any thing 
for the good of the People they Represent. 

Upon the whole, as we apprehend it our indispensable duty to make a stand 
here, that if we go one step further we shall justly incurr the blame of our 
principals and the charge of deserting their Fundamental Interests, and tbat 
the Point insisted on is neither an infringm* on the prerogative, nor the least 
imposition on the Governor. Till we can be better informed, we can't but 
think we are in the right, firmly to adhere to the Propositions already made. 

In the House of Represent And 1 ' Wiggin, Speaker. 

Voted unanimously to 
be sent, July the 11 th 1744. 

[July the 12.] The Indian named Christo (1) was sent to the 
House by his Excell ys order to know the mind of the House 
whether the Indian should be sent directly home or to Boston. 
The House Resolved to send him directly to Canterbury and there 
to be safely sent away with his gun & Provisions for a fortnight. 

Mr. Sec y Bro't a written Mess a from his Excelly which was read, 
as on file (2). 

P. M. July 12 th 1744. Whereas on the twenty third day of 
Feb v last past There was a vote of this House for the acceptance 
of £650 from Messrs Atkinson, Odiorn & H. VYentworth & M. H. 
Went worth for the Repair Fort Wm. & Mary, Provided they 
should be allowed the Interest of six pr Ct. pr annum as they were 
to pay for each of their sums taken up out of the twenty-five 
thousand pounds Loan, — which vote was not concurred by his 
Maj ties Council, but returned July 6 th , And whereas there has been 
Sundry Repairs done at the said Fort, and there is none of the 
Interest of said £25000 Loan as yet come into the Treasury that 
was appropriated for that service, and present pay is wanted for 

(1 )For an account of Christo, seethe "Farmer's Monthly Visitor," edited by Hon. C. 
E. Potter, Vol. 13, pp. 261, 262, 1853.— Ed. 
(2) This Message cannot now be found. — Ed. 



246 PROVINCE OF NEW-HAMPSHIRE. [1744. 

what is now doing ; & Whereas Mr. Jotham Odiorn & Mr. Mark 
Hunking Wentworth, for the present Emergency of paym 1 offers 
each of them the sum of two hundred pounds & Mr. Hunking 
Wentworth the sum of fifty pounds, all for one yeare upon the 
same Proviso that they be paid the same Interest as they are to 
pay for the Respective sums for the £25000 for y e first yeare, for 
[p. 96.] such part as each p'son hereby advances which generous 
offer the House accepts, 

Voted, That each of y m pay their respective sums into the 
Treasury, & to take his rec* for y e same, and also Voted the said 
Jotham Odiorn, Mark Hunking Wentworth and Mr. Hunking 
Wentworth be paid each of them the sum of six pr. cent for one 
yeare commencing from the dates of their respective mortgages, 
for the several sums they advance as above said : — And that the 
'Principle sums above advanced by the above named persons, & 
their respective Interest for said sums, be repaid them againe out 
of the Treasury out of the first Interest that shall be Bro't in to 
the Treasury for Interest of the £25000 Loan, Excepting the 
grants already made out of y e Interest, And that the above said 
sum of £650 pounds be for the paym* of the Repaires of Fort 
Wm & Mary as has been done by & under the Inspection & man- 
nagm 1 of Messrs Jotham Odiorn & James Clarkson so far as they 
have been concerned, and as much farther as said sum will go in 
Repairing, &c. and that the said Jotham Odiorn and James Clark- 
son be a Comittee of this House to inspect and mannage the fur- 
ther Repairs of said Fort according to a clause in the act of the 
£25000 Loan. 

Voted Unanimously, this addition to the vote, viz. And that an 
act be drawn up accordingly with Respect to the receipt & paym* 
of the money. 

The act Prohibiting Trade & Comerce with the French & 
Span ds &c. read y e first time. 

The House adjourn'd to the 13 th curr*. 



Fryday July 13 th 1744. The House met. 

Whereas James Clarkson, Esq. was chosen a Comittee man by 
and in the above vote he came this day into the House and de- 
eiered to be Excused from that charge & utterly refused & de- 
siered his refusal might be Entred. 

P. M. An act for Prohibiting Trade with France or Spain or 
the Indians &c. past to be Enacted and to continue for two years 
(if the War with either continue so long) 

The affaire of some Speech of Mr. Clarkson on the 10 th curr* 
was under examination & Voted that the said James Clarkson 
was not guilty of any misbehaviour in Speech or action in y* 
House. 

The House adjourn'd to the 14 th curr*. 



1744.] JOURNAL OF THE HOUSE. 247 

[p. 97.] Saturday July the 14 th 1744. The House met. 

An additional Act for the Districts for two years past sent up. 
A Mess a sent pr Sam 1 Gillman Esq. to know if the Council had 
past upon the acc f - of the wheels and carriages, &c. 

Mr. Sec y came from his Excell y with a Mess a that the ace 1 sent 
to Inq 1 ' after was past upon, and the District act : the other act to 
lye under consideration, & then by order of his Excell y the Gen 11 
Ass m is adjourn'd to Tuesday next 10 o'clock, a. m. 



Tuesday, July 17 th 1744. The House met. 

A Mess a sent to the Council pr Mr. Stephens to know if they 
had past on our vote of the 6 th curr* in relation to a Comittee for 
Repairs for Fort Wm & Mary, &c. 

In the House of Represent 8 . 
Whereas at a Convention of the members of the Gen 11 Ass m by 
his Ex y order on the 27 th May last did advise to the sending two 
hundred men for the security of the Frontiers, and likewise on 
June 23 d that his Excell y would order 150 men to guard & cover 
the Frontiers, and that 50 men including 15 as soldiers to be set 
to work on Fort Wm & Mary for a fortnight — Wherefore, voted 
That a Mess a be sent to his Excell y , viz. to desier that his Excell y 
would give the House to understand how many of the said men 
as soldiers have been imployed in the several places and where 
stationed and how long they were on duty, that provision may be 
made for paym 1 of them. Voted unanimously. 

* J. J. Cler. Ass m . 

The above Mess a sent by the Clerk. The House adjourn'd to 
the 18 th curr 1 . 



Wednesday, July the 18 th The House met, 
In the House, &c. 

Voted That his Excell y is hereby desiered to order 30 men for 
one month to Scout, cover and assist the settle mt at Canterbury 
and Contoocook, to help them save their graine, &c. Sent up. 

The vote of July the 17 th relating to the money to be Borrowed 
of Messrs Odiorn & Went h sent up this morning. 

Mr. Sec y Bro't his Excell ys answer to the Mess a sent yesterday, 
how the men were disposed &c. as on file. 

[p. 98.] Mr. Sec y came with the vote last sent up relateing to 
the money Borrowed for the Fort, &c and Bro't a verbal message 
from his Excell y that he would not consent that Mr. Clarkson 
should be one of the Comittee for the Repairs of the Fort. 

It was put to vote whether a Mess a should be sent to his Ex- 



248 PKOVTNCE OF NEW-HAMPSHIRE. [1744. 

cell y to know his reason why Mr. Clarkson's name should be struck 
out of the Comittee app d for inspecting y e Repairs of the Fort 
&c. in the vote return' d as above. It past in the affirm 1 . 

Whereas Mr. Sec y return'd the vote sent up this day relating to 
Fort Wm & Mary, and also bro't a verbal Mess a of this day from 
his Excell 7 (to wit) That his Excell y would not consent that Mr. 
Clarkson should be one of the Comittee for the inspecting and 
mannaging the Rep a of Fort Wm & Mary as appointed in the 
Vote sent up this day, and Whereas it is the undoubted right of 
this House to appoint any member of the House into any Comit- 
tee as long as he stands legally quallified to sit in the House, and 
this House hitherto knows not of any thing whereby he is disquali- 
fied for being of said Comittee, [Voted, That his Excell y be desiered 
to signifie to the House the Reason why his Excell y cannot con- 
sent that y e said Clarkson may not stand as a Committee man as 
in s d vote, that the House may try said Clarkson whether he 
stands legally quallified as a member, (if not) the House may dis- 
miss him, and the Town he represents may make a new choice 
that may not be deprived of the use of a member in the House (1).] 

The House having Reconsidered the vote, and considered of 
the Mess a voted that this House adhere to their vote as sent up. 

Sent up the vote that was returned. 

Mr. Sec y Bro't a written Mess a from his Excell y which was read, 
as on file, & likewise the vote ab* the Fort sent up twice to day. 

[p. 99.] P. M. The House adjournVl to the 19 th curr'. 



Thursday July 19. The House met. The vote lor repairing 
Fort Wm & Mary sent up. A Mess a pr Mr/Sec y y* y e vote was 
concurr'd & that himselfe and Mr. Jafirey was added a Comittee 
& Roby by the Council to draw y e act. 

P. M. A vote for Emitting the sum of £10000 to carry on the 
War, &c. as on file sent up. 

Mr. Sec y Bro't down 3 Petitions viz. Daniel Jacksons 2. Jon a 
Palmer & Daniel Fogg. 3 d The inhabitants of the Town of 
Exeter. 

Daniel Jackson & others Petition read and voted that they be 
heard on the third day of the sitting of the Gen 11 Assembly after ' 
the last day of July curr* and that the parties appeare and bring 
the orriginal Deed or writing that created the Entaile. 

Palmer & Fogs Petition read and voted that the Petitioners at 
their cost serve the Select men of North Hill with a copy of this 
Petition and votes thereon That they appeare the third day of y e 
sitting of y e Gen 11 Ass" 1 after the last day of July curr* to shew 
cause why the Prayer of the Petition may not be granted. 

(1) The lines above included in brackets are crossed in the record.— Ed. 



1744.1 JOURNAL OF THE HOUSE. 249 

Exeter Gen 4 Petition read and voted, That Petitioners at their 
own cost and charge serve the Selectmen of the old town of Ex- 
eter with a coppy of this Petition, and the votes thereon, that 
the said Selectmen may call the said town together to choose 
agents (if they see cause) to appeare the second day of the sitting 
of the Gen 11 Ass m after the last day of July curr* to shew cause 
(if any they have) why the Prayer of the Petition may not be 
granted, 

The House adjourn'd to the "20 th 1744. 



Fry clay July the 20 th 1744. The House met, 

Langdon & Lears Bill read & past to be enacted. The above 
3 Petitions & Bill sent up. The vote for raising £10000 for carry- 
ing on the War returned & another drawn up. 

P. M. The act for Borrowing 450£ for repa r of the Fort past, 
& vote for Emitting £10000 for the war past. Both sent up. 
The House adjourn'd to the 21 st curr*. 



[p. 100.] Saturday July 21 st 1744. The act for Borrowing 
£450 for repairing the Fort past & sent up. 

Voted That a Tax of £1000 be laid on the Poles and Estates 
payable in 10 X br next. 

In the House &c, Voted That there be a Tax of £1000 laid on 
the Poles & Estates of the Inhabitants of this Province to be paid 
into the Treasury by the 10 th Day of X br next, to be for the paym* 
of the Debts of the Province as the Gen 11 Ass m shall order, and 
that the Treasurer immediately Issue out his Warrants to Levy 
the said sum of £1000 to be paid according to the last proportion, 
and that an act be drawn up accordingly. Sent up. 

Mr. Sec v came with a Mess a that the above vote was Concurr'd 
<fe that his Excell y had ordered the Gen 11 Ass m to be adj d to Tues- 
dav next 10 o'clock. 



Tuesday, July 24 th . The House met, 

P. M. Mr. Sec y Bro't 2 Letters, 1 from James Farnam & one 
from Coll. Peter Gillman, both ab* an old Indian taken and sent 
in, with a Mess a pr Mr. Packer for the House to dispose of him as 
they tho't fit, 



The House adjourn'd to the 25 



curr 



250 PROVINCE OF NEW-HAMPSHIRE. [1744. 

Wednesday July 25 th . The House met. There was bro't in 
and Burnt old money £668: 14: 6, of the £15000 Loan. 

P. M. Voted that James Clarkson Esq. be of this House to 
joyne such as the Hon ble Council shall appoint to draw up the act 
of the £1000 payable X br next. 

Mr. Sec y Bro't sundry Petitions from the Frontiers & y l Capt. 
Huske was app d to joyn Mr. Clarkson ab* the act. 

Burnt of the Loan £102: 7: 6 

of the Tax for the yeare £1122 : 6(1) 

The House adjourn'd to the 26 th curr*. 



Thursday July 26 th 1744. The House met. A Bill bro't in for 
a Tax of a thousand pounds. 

P. M. Vote, That the Indian lately sent in pr Coll. Gilman be 
sent pr Mr. SpofFord to Fort Dumer and there deliver'd Coll. 
[p. 101.] Williard, whom his Excelly is Desier'd to direct to de- 
liver to the Indians (if any there). If none there then forthwith 
to give the said Indian some Provision & send him into the woods 
with som English, clear of the settlements and let him go to seek 
his friends, and that Mr. Spofford be paid out of the Treasury the 
sum of seventeen pounds ten shillings old Ten r for carrying the 
said Indian to Fort Dumer & delivering him to s d Coll. Williard — 
the said Spofford to be at all charges on the Journy, — & that 
there be given the said Indian by the Treasurer an — — shirt, a 
pr e moggasins and some Bayes to make a paire of Indian stockings. 

Allowed Mr. Hunking Wentworth four pounds nine shillings 
to be pd out of the Interest of the 25000£ Loan for pens, Ink, 
&c. for the signers of the Bills & carrying Mr. Johnson's things 
to Boston. 

An act past for raising on thousand pounds payable the tenth 
X br next. 

The House adjourned to the 27 th curr 4 . 



Fry day July the 27 th 1744. The House met. 

Daniel Meader & the agents for Durham heard on Meaders 
Petition &c. upon opening, the copies from the Clerk of Durham, 
does not appeare alike, Therefore voted, that the Clerk of Dur- 
ham be hereby ordered to appeare and bring the Town Book 
wherein the votes are Entered, into the Gen 11 Ass m the third day 
of the sitting of the Gen 11 Ass m after the last day of July curr* 
when the parties shall be heard, and that Daniel Meader serve the 
Town Clerk with a coppy of their vote. 

(l)Thia record is blotted and obscure.— Ed. 



1744.] JOURNAL OF THE HOUSE* 251 

Eod m Die. Voted that Benjamin Akerman be paid out of the 
Publick Treasury (out of the money laid in for contingencies <fec) 
the sum of forty pounds old Tenor for his service as dore keeper 
[p. 102.] for the year 1743 from the 15 th of April 1743 to the 15 th 
April 1744 in full. Sent up. The House adjourn'd to the 28 th 



Saturday July 28 th A. D. 1744. The House met. 

Eod m Die. Voted that his Excell y be desired to keep out ten 
men Schouting six weeks in the woods across the heads of 
Rochester & Barrington to Nottingham Line, and ten men more 
to schout from Nottingham line a Cross Nottingham and Chester, 
and to keep constantly marching upon Discovery, and ten more 
to schout on the West side of Merrymack River where his Excell 7 
shall think proper to order them. And that five men be added to 
those three that are already at Fort Wm & Mary to be kept con- 
stantly at the Fort to exercise the Guns &c. all for six weeks. 
(Another vote sent up instead of the above, Aug. 23, 1744.) 

Voted that there pd Mr. Rich d Cutt jun. of Kittery the sum of 
£45 old Tennour for Sodds for the Fort Wm & Mary & victuals 
for some men. 

A Mess a sent up to withdraw the 3 votes sent up June 26 th ab l 
Winnipissiokee. 

Mr. Sec y came in ans r to the above Mess a viz. y* £2500 was not 
acted upon, the other two were acted upon & lyes before his 
ExcelK 

Then Mr. Sec y said his Excell y had ordered the Gen 11 Ass m to be 
adjourn'd to the 21 Aug' next. 



[p. 103.] Tuesday, August the 21 8t 1744. The House met 
according to adjourn m'. Adjourned to the 22 d curr'. 



Wednesday Aug' 22 d 1744. The House met. 

Mr. Sec y — That his Excell- V could not assent to the votes of y e 
26 th June ab't the Fort at Winnipissioke, and y* he assented to y e 
vote for £5500, and you might draw act thereon. 

In the House &c. June 26. 
Whereas the exigencies of the Present Warr requires money 
to carry it on for the Defence of his Maj ties subjects of this Prov- 
ince, which lye verry much exposed by a large Frontier ag' the 
French settlem ts of Cannada, who have fortified themselves since 
the last Warr by Strong Fortresses much nearer us than formerly, 



252 PROVINCE OF NEW-HAMPSHIRE. [1744. 

The Inhabitants of this Province being already laden with large 
Taxes, and no money in the Treasury & no other way to raise 
money to carry on the warr but by an Emission of Bills of Credit, 
Therefore Voted, that there be forthwith struck, Stamp'd and 
sign'd off the sum of £2500 in Bills of Credit of the same vallue 
and under the same termor & kind, as the Bills of Credit of the 
£25000 Loan, and of the same vallue, and under the same Regu- 
lation & signed off by a Comittee to be appointed by the Gen 11 
Ass m and put into the Treasury for the paym* of the soldiers, 
purchasing Powder & ammunition, Provisions & small arms, & 
for scalps (in case of an Indian War) in the manner following; 
viz. For two hundred soldiers for guarding & scouting &c. 
officers & charges & Loss or deficiencies in Provisions &c : two 
thousand seven hundred and fifty pounds, for purchasing Powder, 
Bullets &c. Flints, small arms for the Fort one thousand Pounds, 
for scalps (in case of an Indian War) £1750. And that as a fund 
& security for drawing in & repaying the same into the Treasury 
That there be granted unto his most excellent Maj tie a Tax of 
£5500 to be levied on the Poles and Estates both Real and 
p'sonal within this Province according to the last Proportion (or 
according to any new Proportion which the Gen 11 Ass m may or 
shall come into hereafter before the times of paym* herein ap- 
pointed to be made), which shall be in the following manner. 

[p. 104.] viz. £1375 in Feb v in the yeare 1751. 

£1375 in the yeare 1752 in Feb*. 
& £1375 in Feb* 1753. 
& in Feb y 1754 £1735. 

And when Bro't into the Treasury to be Burnt in the face of the 
Gen 11 Ass ,n . 

James Jeffrey, Cler. Ass m . 

In Council, July 28, Read and Concurr'd 

Theo. Atkinson, Sec y . 

Aug. 22. Assented to with a suspending clause in the Act 
until his Maj ties pleasure shall be signified thereto. 

B. Wentwoeth. 

Voted that the following Mess a be sent to his Excell y . 

May it Please your Excelly. 

The House desires to know if the thirty men granted for Schouting six 
weeks across the Head of Rochester & Barrington & Chester & on the west 
side of Merrymack River, has heen improved in that service, according to the 
vote of the General Assembly made the 28 th of July last past. 

Exeter Petitioners heard on their Petition, both Parties p'sent, 
the agents for Exeter made a motion to the speaker that as he 
was a carry er on of the meeting in that new Meeting House that 
he could [not ?] sit as a Judge to hear the affaire. Upon w ch the 



1744.] JOURNAL OF THE HOUSE. 25& 

parties were ordered to withdraw and then they considered there- 
of: whereupon the Speaker withdrew, and the House proceeded 
to the choice of a speaker protempore, Ebenezer Stephens Esq. 
was chosen. The Council for the Petitioners next objected ag* 
any that had assisted at an Council held at Exeter from sitting, 
Rich d Jenness Esq. being one. Another objection ag* any that 
had prejudged & p'ticular ag -t Capt. Israel Oilman, the House con- 
sidered thereon, Mr. Jennes said he was there but not in giving 
judgm*. Then it was put to vote if they either of them should 
withdraw. It past they should not. 

The Town of Exeter put in an answer to the Petition in 
writing, To w ch y e Petitioners pray'd time to answer in writing, 
Upon which the House considered and ordered that they have 
time to answer the same until the third day of the sitting of the 
Gen 11 Ass m after y e 5 th of 7 br next, 

The House adjournal to the 23 d curr*. 



[p. 105.] Thursday the 23 d 1744. The House met. 
hi the House of Represent 8 . 

Whereas there was (on the 28 th July last past) a grant of the 
Gen 11 Ass m of -thirty men to scout for six weeks in the woods, 
which said 30 men the House are Informed has not as yet been 
improved according to said Grant, Wherefore Voted, That his 
Excell y is hereby desired forthwith to send out forty men instead 
of the said thirty men for one month, 15 of s d men to scout from 
Newichwan k River to the head of Chester, 15 more on Scout ab't 
Canterbury & Contoocook & to the westward of Merrymack- 
Sent up. 

The North Hill men heard on their Petition p. m. Mr. Daniell 
Jackson & Brethren app d to be heard tomorrow. 

Meaders & the opposite Parties heard on Meaders Petition & 
voted to be dismissed. 

The House adjournal to the 24 th curr' 



,.t 



Fryday, Aug 1 24 th 1744 The House met. 

Mr. Sec y came with a Mess a from his Excell y viz. signifying- 
that Col. Rolph(l) was now in town and that he wanted the 

(l)Col. Benjaman Rolfe of Rumford, now Concord. Col. Rolfe was appointed delegate, 
by the inhabitants of Rumford, to represent " their deplorable case" to his Excellency 
and the General Assembly. The following Petition, signed by all the inhabitants of Rum- 
ford, was presented about this time: 

" June 14th 1744. 

"We the subscribers, Inhabitants of ye Town of Rumford, apprehending ourselves 
greatly exposed to imminent danger both from ye French & Indian Enemy, and being in 
no capacity to make a proper stand in case of an attack from them, doe therefore consti- 
tute and appoint Coll. Benjamin Rolfe as our delegate, requesting him in the said capacity 
forthwith to repair to Portsmouth, and to represent our deplorable case to his Excellency 



254 PROVINCE OF NEW-HAMPSHIRE. [1744. 

House to send some order ab't the soldiers that are out in the 
service in that Regiment, that Mr. Rolf may carry it with him, &c. 

In the House &c. 

In answer to the verbal message bro't from his Excell y this day 
pr Mr. Sec y Relating to the soldiers out in the service on the 
West side of Merrymack River, the House unanimously say they 
will conform to the Grants made for the soldiers they have desired 
his Excell y to order out, and pray that the muster Roles of all 
the soldiers that have been out according to the Grants made by 
Gen 11 Ass m to the 20 th July last past may be bro't in as soon as 
possible. Sent up. 

Mr. Daniel Jackson & others Petition Read and all the parties 
heard and voted that the Pray r be granted & the Petitioners leave 
to bring in y r Bill. 

[p. 106.] Upon motion made by Capt. Henry Sherburn for 
getting his and soldiers Provisions at the upper Towns on Merry- 
mack, Voted that himself and the soldiers be allow d 3s pr day for 
meat bread & rum, and also voted £10, pt. of his Wages out of 
the Treasury old Tenor. 

A vote for paym 4 of £126 for the soldiers & £10 to Capt. Henry 
Sherburn, on file. 

A vote Relating to Methuen & Dracut past, as on file. 

An Act for enabling the Constables of Brentwood past and 
sent up. 

The House adjourn'd to the 25 th 1744. 



Saturday, Aug st the 25 th 1844. The House met. 

Sent up West End Dover Petition & North Hills mens Peti n , 
and 5 men 1 month at the Fort add 1 as on file. 

The affaire of the Gov 1-8 House came on, & the House voted an 
adhering to their votes of the 6 th of Jan y last past & 7 th of Jan y . 
Sent up all above. 

Mr. Sec y Bro't the same votes down to have the House recon- 
sider thereon, p'tictilarly to add £50 for y e first years Rep a &c. 
The House adhered to the above votes & sent it up w th out any 
further Entry. 

25 of 7 br next adjourn'd pr his Excell y . 

our Capt. General & ye General Assembly & to request of them on our behalf such aids, 
both with respect of men & military stores, as to their great wisdom may seem meet 
& which may be sufficient to Enable us with ye Divine Blessing, vigorously to repell all 
attempts of said Enemies against us." 

(Signed by) Timothy Walker, 

and 63 others. 
[See Bouton's Hist, of Concord, p. 152-3.] 



1744.] JOURNAL OF THE HOUSE. 255 

£p. 107.] Sept. 25 th 1744. The House met, p'sent as Entred. 

Mr. Sec y came by his Excell y8 order & read a Letter from Mr. 
Justice Scale of Canterbury Relating to the Indian Chief 
Christo, who has surrender himself up to y e English with further 
Mess a to know the mind of the House w* to do with him. The 
House Gen ly of opinion that he should be taken care oif Down 
here neare the sea. 

Then by his Excels order the Gen 11 Ass m adj d to the 28 th [?] 
of 8 br next. 



October the 29 th 1844. The House met according to adjourn- 
ment. Mr. Sec y came in with a Mess a " from his Excell y ab't 
Providing money for the carrying on the Warr next yeare and 
for Raising men for the Fort & Garrisons, by Remonstrating to 
his Maj tie &c. 

The House adjourn'd to the 30 th curr 1 . 



Tuesday 8 br the 30 th 1744. The House met. 

P. M. Meaders Petition Bro't Down to be reconsidered. 
Voted that it be heard next sitting. 

Mr. Sec y Bro't a letter from Mr. President from our agent & 
Read it and pray'd a copy w ch the Clerk had libberty to take. 



Note. The letter above referred to is not found on file, but the following 
official paper may properly be inserted here : — Ed. 

[Copied from MS. Corr. in Secretary's office, p. 221.] 
At the Court of Kensington the 6 th Day of September 1744. 

Present 
The Kings Most Excellent Majesty, 
Lord President Lord Delaware 

Lord Privy seal Mr. Speaker 

Earle of Winchester Mr. Vice Chamberlain. 

Lord Carterel 

Whereas there was this day read at the Board a Eeport from the Eight 
Hon'ble the Lords of the Comittee of Council for Plantation affairs, Dated 
the 21 st of last month, relating to sending a supply of ordnance and stores to 
the Province of New Hampshire, upon condition that the agent of s d Prov- 
ince should give sufficient security to pay the value of the Powder within 
such Time as the board of Ordnance should think Proper & Reasonable, 

And whereas his Majesty hath been pleased to approve thereof and to 
order the Master General of the ordnance to cause the Proportion of Ord- 
nance & stores contained in the Paper hereunto annexed, the Expence 
whereof as Estimated by the Board of ordnance amounts to four thousand 
six hundred and Twenty pounds sixteen shillings & six pence, to be forthwith 
sent to the said Province of New Hampshire, Provided the agent of the s d 
Province do first give sufficient security to pay the value of the Powder within 
such time as the s d Board of Ordnance shall think proper & reasonable. His 
Majesty doth therefore hereby signify the same to the Governour or Com- 



256 PROVINCE OF NEW-HAMPSHIRE. [1744. 

mander in Chief of the Province of New Hampshire & Doth require & com- 
mand him to take Particular care in the Preservation of the s d ordnance & 
stores & that they he not Expended but on proper & necessary occasions only. 

W. Sharp. 
Copy Ex a Theodore Atkinson, Sec^. 

The House adjourned to the 31 st curr*, 



Wednesday 8 br the 31 st . The House met. Nottingham Act 
past to be Enacted. 

A Petition from Londonderry between the old P'ish &the new 
bro't in. 

The House adjourn'd to the first of 9 br . 



[p. 108.] Thursday November the 1 st . The House met. 

Londonderry Petition read and voted that the Prayer of the 
Petition so far as concerns the signers of y e agreem 1 be granted & 
yt ye ]^ew Parish be made a perticular precinct by the name 

of and y* they have the Priviledges as other Parrishes or 

Towns have by y e Laws of this Province (Excepting the choice 
of Assembly man which must be as usual for y e whole Town) 
And as to the forty families formerly plotted off, that their Per- 
sons and Estates stand as they are, and likewise their successors 
in the Estates either by Descent or purchase to Remaine the same, 
and as to any new comers, that is tradesmen or inmates that they 
shall signifie to the Clerk of the Town within 3 months after they 
come, where they will belong, and that all children and servants 
when they become Rateable shall pay where their Parents or 
Masters pay, And that the Petitioners have liberty to bring in a 
Bill accordingly. 

P. M. In the House &c. Voted that every Town Parrish & 
District within this Province do forthwith Provide at their re- 
spective charge 5 pre. of snow-shoes & 5 pre. of Moggasins, & 
so in Proportion for every fifty men for every rateable Pole that 
was bro't in in the last proportion, the same to be always Ready 
for any Emergency in sending out soldiers on any Expedition, 
and that they be deposited in the hands of the Select men in each 
Town, and that such Town &c. as neglect & refuses to make such 
stock by the 20 X br next be under a fine of — and that the se- 
lectmen be Enabled to Raise a Tax on the Inhabitants for doing 
the same, and y t the Treasurer send his Warrants to the Select 
men of each Town & District for doing the same. The House 
adjourn'd to the 2 d curr*. 



Fryday 9 br the 2 d 1744. The House met. Adj d to y 



1744.] JOURNAL OF THE HOUSE. 257 

[p. 109.] November the 27 th 1744, The House met. And the 
Secretary by his Excellys order adjourned the Gen 11 Assmbly to 
the 18 th Decem br next. 



Tuesday December the 18 th A. D. 1744, The House met, The 
Sec y by his Excell ys order adj d to 4 o'clock p. m. 

P. M. Met and adjourn'd to the 19 th curr*. 



Wednesday X br 19 th The House met, Mr. Sec/ Bro't a Mess a 
viz. That Mr. Prescot was in Town and made out his claime to 
some small arms & to know if the House would pay for them, or 
else he must return y m and to know what the House would do 
ab* the Deed of Mr. Mason. 

In the House, &c. Voted, That Mr. Jotham Odiorn and Coll. 
Peter Gillman be a Comittee of this House to joyn such as the 
Hon ble the Council shall appoint to treat with Mr. Peter Prescot 
ab't the small arms that his Excel! 7 lately impress'd for the Fort 
and make their Return to the Gen 11 Ass m as soon as possible. 

P. M. The Petition of Win. Cate one of the Select men of 
Barrinton for abatem* of their Rates &c. read. Francis Tucker's 
Mem ab't Dan 1 Born, read. 

Voted That Mr. Cate's Petition relating to Barrington be dis- 
miss'd. 

The House adjourn'd to the 20 th curr*. 



Thursday X br the 20 th 1744. The House met. 

In the House of Represents, Voted That each soldier Centinel 
shall be paid twenty five shillings pr month and a Serj. thirty five 
shillings pr month. 

Coll. Peter Gillman's acct as Comissary & three Muster Roles 
past & sent up. 

[p. 110.] P. M. Voted That Meaders affaire be heard next 
Thursday, & Exeter affaire tomorrow, p. m. 
The House adjourn'd to the 21 curr*. 



Fryday X br the 21. The House met. 

P. M. Voted That there be twenty one men Raised to scout 
the Frontiers for 2 months, in the winter season. Sent up. 

[p. 111.] Exeter affaire came on. Both parties Present & 
17 



258 PROVINCE OF NEW-HAMPSHIEE. [1744. 

their Council. The Council for the Respond 1 made a motion, 
That Whereas there was a Speak r pro tempore chosen formerly in 
the case, whether the s d Speaker should sit or not. The parties 
were ordered to withdraw. The old Speaker kept his chaire and 
the parties called in and heard by their Council. After hearing 
the Council the House having considered thereon, the Question 
was put whether the Pray r of the Peti n be granted. It past in 
the negative. 

Then the Question was put whether the Peti n be dismiss'd or 
not. It past that it be dismiss'd, Then the House adjourn d to the 
22 d curr*. 



[p. 112.] Saturday December the 22 d . The House met. 
Mr. Sec y came and by his Excel ys order adjourned the Gen 11 
Ass m to the 31 st curr*. 



Monday, December the 31, 1744. The House met. 

Mr. Sec y bro't down a vote of Council Relating to the Table 
of Fees, <fcc. which was read, and a vote of the House ordered to 
be drawn. 

The House adjourn'd to the first Jan y . 



Tuesday, Jan y the first, A. D. 1744-5. The House met. 

In the House &c. Jan y 1 st 1744 — Forasmuch as the vote of the 
Gen 11 Ass m of the 16 th day of X br 1743, Establishing a Rule for 
all Judges, Justices & other officers within this Province to be 
govern'd by, in taking Fees, Fines & Forfeitures as by Law Es- 
tablished before the yeare4740, was past to continue & be in force 
till the 25 th of December last past & no Longer, and for as much 
as it is necessary to prevent any Disputes and that all p'sons as 
well as officers and others may know what Fees &c are to be p d . 

Ordered, That one shilling of the Lawfull money of this Prov: 
lately Emitted shall be rec d in paym* for two shillings of any Fees, 
Fines or Forfeitures by Law Established before the yeare 1740, 
and so in proportion for a greater or lesser sum, & all officers 
civill & military are hereby Respectively to govern themselves ac- 
cordingly in all cases, Except where any fees, fines & forfeitures 
are Established by act or acts of Parliam* or by act of this Gov- 
ernm* Relating to the better preservation of his Maj ties Woods, 
and this order to continue & be in force for three years unless 
otherwise ordered by the Gen 11 Ass m . 

[p. 113.] In the House &c. Voted, That each Town, Parrish, 
Precinct & District within this Prov: make and find so many 



1745.1 JOURNAL OF THE HOUSE. 259 

paire of snow shoes as is carryed off ag* such Town, &c. as here- 
under written, and as many pair of moggisons all well fixt with 
straps and all necessarys for their being ready on any Emergency 
now in time of warr, all to be ready by the 28 th day of Jan y curr* 
and when made that the Select men of every Town, Parrish &c. 
deliver the said snow-shoes & moggasons to the Field officers of 
each Regim 1 where such Town, Parrish &c lyes, taking their Rec* 
for the same; and the Field officers to consult and app* from time 
to time where the said snow shoes &c. shall be lodged to be in 
readiness on any Expedition, and that the Selectmen in each Town 
&c. are hereby fully iinpowered to make Rates for paym* of the 
making s d snow shoes, moggisons &c. and y* an act be Drawn up 
accordingly, and that Ebenez 1 ' Stephens & Sam 11 Gillman Esqs. be 
a Comittee of this House to joyn such as the Hon ble the Council ' 
shall appoint to draw up said act. Sent up & the vote ab* Fees. 
The proportion of snow shoes are on the List 513 paire. 

Mr. Sec y came and said That the vote ab't Fees was past and 
assen d to, and that the vote ab't snow shoes &c. as it Required 
time to draw an act, that the several members should notifie the 
respective Towns &c. and then said his Excelly Required the at- 
tend 11 of House at the Council Board. They went up accordingly, 
When his Excell y 

Disolved the Gen 11 Ass ,n . 



[p. 115.] Province of > Anno Regni Regis Georgii Secipidi, 
New Hamp r j" Magnce Brittanice, Francia? et Hiber- 
nice, Decimo Octavo, cbc. 
A Journal of the House of Representatives at a General As- 
sembly of his Majesty's Province of New Hampshire in New 
Engl d began and held at Portsm in s d « Province on Thursday 24 
January, Anno Dom: 1744-5. 

Present. 

( Nathaniel Rogers, Esq 
Portsm J Eleazer Russell, Esq 

( Henry Sherburn, jun. 

( Coll. Thomas Wallingford 
Dover 1 Thomas Millet, Esq. 

( Capt. John Winget 

tt ( Sam 1 Palmer, Esq. 

Hampton \ Mr j h Phil ^ rook 

Hampton Falls j Mr . Mes £ e oh Wear 
-c, ( Col. Peter Gilman 

Exeter | Mr. Zeb. Gideons 



260 



PROVINCE OF NEW-HAMPSHIRE. 



[1745.. 



Stretham 

New Castle 

Rye 

Kingston 

Greenland 

Newington 

New Market . 

Durham 

Londonderry 



Moses Levitt, Esq» 
William Frost, Esq. 
Jonathan Lock 
Maj r Eben r Stevens, Esq. 
Clement March, Esq. 
George Walton, Esq. 
Capt. Israel Gilman 
Capt. Jonathan Thompson 



[p. 116.] At twelve in the forenoon, 
House the Representatives of 

Portsmouth 

Hampton 

New Castle 

Rye 

Exeter 

New Market 

Greenland 

Stretham 

Newington 



were present in the Court 

3 
3 
1 
1 
2 
1 
1 
1 
1 

14 members 

Besides five gent 1 who sd that y y came to Represent some places 
that never sent any Representative to this Court before. After 
one of the clock all the above members withdrew hearing noth- 
ing from his Excell y the Governour or Council. At three of the 
clock met again & were present at the same place all y e above 
Representatives and also the Representatives of the Town of 

Dover 3 

Durham 1 

Kingstown 1 

19 

All the members waited till live & then the Secretary came & 
told them that his Excell y the Governour sent him to tell them 
that he had adjourned the General Court till to morrow Eleven 
of the clock, that the Sheriff had but just Returned the precept & 
the Council were adjourned, — upon which it was thought proper 
to send Nathaniel Rogers, Esq. & Maj r Eben r Stevens, Esq. to in- 
form his Excell y how many members had been waiting & how 
long : who returned & informed that his Excell y told them that 
the Sheriff had but just Returned the Precept and that he did 
send the Secretary to adjourn the Gen 11 Court till to morrow 
Eleven clock. 



1745.] JOURNAL OF THE HOUSE. 261 

Fryday, Jan y 25, Met at Eleven of the clock, all but the 
Representative of Durham. Mr. Secretary Atkinson came to the 
House & said that his Excell y sent him to see if the House were 
•together & imediately after the Hon ble Theodore Atkinson, Rich- 
ard Wibird & Samuel Smith, Esq. came clown from the Council 
Board and acquainted the House that they were appointed by his 
Excellency to administer the oaths appointed instead of the oaths 
of supremacy & allegiance & see them subscribe the declaration — 
which being done they withdrew. Besides the above mentioned 
members the oaths were administered to 

Coll. Benj a Rolphe of Rumford, 

Mr. Henry Saunders of Methuen & Dracut District, 

Mr. Joseph Jewell of South Hampton, 

Mi*. Ben a Hills of Chester, 

Capt. Nich White of Haverhill District, 

places that never were Entitled by the House or Gen 11 Court to 
send a Representative to set in the Gen 11 Assembly of this Prov- 
ince, Soon after the administration of the oaths <fcc. the Secre- 
tary came down & told the House that his Excellency Required 
the House to choose a Speaker & present him. Upon which one 
of the members observed that there were several persons present 
more than used to be in former assemblys viz. 

Coll. Benj a Rolphe 

Mr. Henry Saunders 

Mr. Joseph Jewell V from y e above mentioned places. 

Mr. Benj a Hills 

Capt. Nich White 

[p. 117.] And being asked how they came here, answered that 
the places from whence they came were required by the High 
Sheriffs writ to choose & send Representatives to attend & serve 
in this Court, & that agreeable thereto they were chosen & sent. 
Whereupon a motion was made & unanimously agreed to send 
Coll. Peter Gillman Esq. & Nath 11 Rogers Esq. to his Excell y the 
Gov r with the following written message, viz. 

May it Please your Excellency, 

The House having Rec fI a verbal message from your Excels by Mr. Secretary 
Atkinson's requiring them to choose a speaker & observing that five Gentle- 
men, viz. Coll. Benj a Rolphe, Capt Nich. White, Mr. Joseph Jewell, Mr. Benj a 
Hilis & Mr. Henry Saunders appear among them as members of the House, 
who upon enquiry are found to come from "Rumford, Haverill District, South 
Hampton, Chester & Methuen & Dracut District, places which have no power 
by any Law or usage of this Province that we know of to send any person to 
Represent them at this Court, Therefore pray (that before they proceed to the 
choice of a speaker) your Excelly would be pleased to inform by what means 
those places are authorized to send a member to this Court. 

Mr. Secretary Atkinson came down & said that he was directed 
by his Excell 7 to acquaint the members, in answ r to their message, 



262 PROVINCE OF NEW-HAMPSHIRE. [1745.. 

That the members inquired after were called here by the Kings 
writ which was Issued by the advice of the Council. 

Soon after Mr. Secretary Atkinson came & told the House that 
his Excell y adjorn'd the Gen 11 Court till four of the clock in the 
afternoon. 

The House met according to adjournment, & present as before.. 
While they were preparing another written message to send to 
his Excell 7 , Mr. Secretary and Mr. Solley came & told the House 
that his Excell y required them imediately to choose a speaker; 
but before they had time to choose a speaker or send the message 
w ch was preparing, Mr. Secretary came again & adjourned the 
House till to morrow ten of the clock. 



Saturday, ten of the clock, Jan. 26, 1744 — Met according to 
adjournment and after some debate the Question was put whether 
the five Gen*, viz. Coll. Rolphe, &c. from Rumford, &c. should 
have a voat in the choice of a speaker. It past in the negative 
by a great majority, only two members, viz. Greenland & New- 
ington voting in the affirmative & two others not being clear did 
not vote at all. * Then the House proceeded to take a list of the 
members names (1) which are as follows. The House proceeded 
to bring in y r votes for a speaker, which being exam d it appeared 
that the Hon ble Nathaniel Rogers was chosen Speaker of the 
House by a majority of votes & was accordingly conducted to 
the Chair. 

Voted, That Maj r Eben r Stevens, Coll. Peter Gillman, Capt. 
Jos. Winget & Henry Sherburne jun. be a Comittee to wait on 
his Excell y & inform him that the House had made choice of 
Nath 11 Rogers Esq. to be their Speaker : w ch message they de- 
livered, & Mr. Secretary Atkinson & R. Wibird Esq. came down 
& told the House that his Excell y sent them to Inquire whether 
all the members that were qualified voted on the choice of a 
speaker, on which it was Voted that Wm. Frost Esq. & Henry 
Sherburn jun. go up with the following message to his Excell y . 

[p. 118.] May it please your Excelly 

In answer to your Excelly s message by Mr. Secretary & Mr. Wibird, all the 
members which Represent the Towns & Parishes which heretofore used to 
send Representatives to sit in the Gen 11 Assembly of this Prov : voted in the 
choice of a speaker & no others. 

Mr. Secretary & Mr. Wibird came down with y e following mes- 
sage : Before his Excel! 7 can approve or disapprove of the choice 
of a Speaker he desires to know why those members were ex- 
cluded from a vote in the choice of a speaker. 

The House Imediately sent up Mr. Henry Sherburne & Mr- 
Gideons with the following verb 1 answ r : 

(l)In the margin, " Members names on ye first page."— Ed. 



1745.] JOURNAL OP THE HOUSE. 263 

If your Excel ly means in y r message by Mr. Secretary & Mr. 
Wibird the persons w ch told the House they came from Rumford, 
Haverhill District, Methuen & Dracut, South Hampton & Chester 
the Reason why they were excluded voting in the choice of a 
speaker was because the House do not know of any Law or usage 
of this Province by which those places are entitled to the Privi- 
lege of sending members to represent them in this Court. 

Mr. Secretary Atkinson came down with the following Mess a 
from his Excell y : His Excell y sent me to acquaint the House 
that the members were called in by the Kings writ agreeable to 
former practice, That his Excell y knows of no other way, That if 
the House know of any President df their being called any other 
way his Excell y desired they would acquaint himt hereof, that 
the oublick business may not be hindered. 

Upon which the following Message was Imediately voted & 
sent by Mr. Sherburne & Mr. Winget. 

May it Please your Excelly 

The House in the short time they have had to search, find upon their Rec- 
ords in the year 1714, a vote Entitling the Town of Kingstown to send a 
member to sit in this Court. In y e year 1726, a vote that a precept should go 
to the Town of New Castle requiring them to choose a Representative for 
Rye : In y e y re 1732-3 a Petition from the Parish of Greenland praying the 
Privilege of having a Representative which was granted. By w ch it appears 
to the House, that no Town or Parish (not before priviledged) ought to have 
a writ sent to them to choose a Representative without a vote of this House 
or act of the General Assembly. 

Then the House proceeded to the choice of a clerk & 

Voted, Mr. Henry Sherburn be clerk of this House till another 
is chosen & sworn in his Room, & the oath proper to s (1 office is 
admin d to him by Maj. Eben r Stevens, Esq. 

Voted That Capt. Israel Gilman, Mr. Meshech Weare & Mr. 
Jonathan Lock be a Com te to go to Mr. James Jeffry the late 
clerk of the House of Representatives & demand of him all the 
Books, Records & files that belong to this House & bring them 
directly to the House. 

[p. 119.] Mr. Secretary Atkinson came down & told the 
House that his Excel! 7 had adjourned the General Court to Mon- 
day next twelve of the clock, that his Excel! 7 will furnish himself 
with Precedents and desires the House will do the same. 



Monday Jan 7 28 th , 1744 — Some of the members being present 
Rich d Wibird Esq. came to the House & by order of the Presi- 
dent adjourned the Gen 11 Court to four of the clock in the after- 
noon. 

4 o'clock, Met according to adjournment, & Richard Wibird 
. came into the House & said 'twas his Exc ys order the Gen 1 
Court should be adjourn'd till to morrow half an hour past ten. 



264 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Tuesday, Jan y 19, 1744 — Met according to adjournment. Pres- 
ent all but Mr. Steven. 

Sent up Mr. Wear & Mr Gideons to inform his Ex cy that there 
is a House, Mr. Wibird came down & told the House that his 
Exc ly desired to know if there was any Law of the Province sup- 
porting the setting aside any members called in by the Kings 
Writ for voting in the choice of a speaker. The House Imediately 
sent up the following Message by Clement March Esq. & Wm. 
Frost, Esq. 

May it please your Excelly, 

On your Exc ys desiring us to produce some precedents of the Right being 
in the House or Gen 1 Court to grant the Priviledg to any Town or Parish of 
sending Representatives to sit in the Gen 1 Assembly, wee Informed your Exc y 
that wee found in the Records of the House that in y e year 1714 a vote was 
passed in the House entitling the Town of Kingstown to the priviledge of 
sending a member to sit in this Court. In y e year 1726 a vote that a Precept 
should go to the Town of New Castle to choose a Representative for Rye ; In 
ye yie 1732 a Petition from the Parish of Greenland praying the Privilege of 
having a Representative which was granted — since w ch on further examina- 
tions wee find that in y e year 1725 a vote was passed & concurred above desir- 
ing his Hon 1 ' the Gov 1 ' to send a precept to Londonderry Requi r them to send a 
person duly qualified to Represent them in this Court, & for further instances 
of the power being in the Gen 1 Assembly we would Refer his Exc y to several 
acts in the Secretarys office by w eh New Market & Durham were intitled to 
the privilege of sending members to sit in y e Gen 1 Assembly, and also to the 
acts by w dl Brentwood, Epping <fcc. were Incorporated into Parishes, w ch 
plainly infers the Right to be in the Gen 1 Court, & therefore that such as are 
called on from places y* are not Privileged by the Gen 1 Court ought not to 
vote in this House in the choice of speaker, but the House ought to exclude 
them as much as if they came from another Province. 

[p. 120.] Soon after this Mr. Wibird and Coll. Downing came 
to the House & read the following message from his Exc y and 
carryed y° paper they read out of away again, viz : 

In the present situation of affairs in Resp 1 to the war, his Exc y thinks it 
for his Maj ties immediate service not to enter further into the Dispute with 
the members called by the Kings writ and qualified as the King com ds touch- 
ing the Rejecting of votes of several members in the choice of Speaker, w ch he 
esteems invading the Prerogative of the Crown & therefore submits it till his 
Maj tys pleasure shall be known thereon. His Exc y therefore that no farther 
delay in the publick affairs may happen, approves of the choice of Nath 1 Rogers 
Esq. for their Speaker & commands the attendance of the House of Repre- 
sentatives in the Council Chamber. 

The House Imediately attended & his Exc y the Gov 1 ' Read the 
following Speech to the As m . 

Mr. Speaker asked for a copy & his Ex y soon after sent down 
Mr. Wibird with the original with some other Papers to be 
copied & Returned back again. 

Gentlemen of the Council & Assembly 

Since my arrival in my Government I have without suffering my private 
affairs to give the least Interruption, zealously applyed myself to the service of 
my King and country & the gen 1 tranquillity of the Province I have made 



1745.] JOURNAL OF THE HOUSE. 265 

the measure of my administration under the Influence of such principles, I 
shall be glad to meet the Gen 1 Assembly, & when the Legislative powers act 
in conjunction for the true Interest of the Publick without seperated aims, a 
manifest obedience to the Eoyal Commands which is inseperable from the In- 
terest of the People, must be the measure of their conduct. 

Gentlemen of the Assembly 

By their Excellencys the Lords Justices commands signified to me by their 
See> r of State of 15 th Aug 1 1743, & repeated more fully by their Excell- vs of 
Sept 3 (l following, which I shall direct the Secy to lay before you ; The early 
care his Majesty has taken to give timely notice to his subjects to arm for 
their Defence will be discovered. And it being Immediately your province to 
Enable me effectually to carry the Royal commands into Execution I shall 
expect you proceed upon it without the least delay, naked and almost defence- 
less as we are. The Season advances when we may expect to be attackt both 
by Land & Sea. 

What the late Assembly did in consequence of their Excellencys commands 
the Records of Assembly will evidence. What remains to be effected, is, 
That you raise a sufficient fund for the pay and subsistance of a compi tent 
number of officers & men at his MajestysFort Win & Mary to be trained up 
in the exercise of the artillery and the arl <>l gunnery & other duties of that 
garrison: without this Provision our sea coast & commerce will be exposed 
to the Insults of the Enemy: That a sufficient number of men with subsist- 
ance be raised for protecting our Frontiers. 

[p. 121.] His Majestys Royal Bountj ol Stores I daily expect the arrival of, 
and that the Kings Fort may be in a condition to secure them from the 
Enemy I recommend That materials be forthwith agreed for in the most 
frugal manner, to be delivered at bis Majesties Fori William & .Mary, for 
rendering that Fortress compleat, agreeable to a Schedule of his Majesties 
Ingineer, who by an order of the King in Council is commanded to attend 
this service, which Schedule shall be laid before yon. 

As the lesser concerns of government musl always give place to the 
greater, so it is my determined resolution, previous to any other matter, to 
receive a categorical answer on these important subjects, Thai 1 may repre- 
sent the State of the Province to his Majesty. 1 shall lay before you the 
report of a Committee of the Massachusetts Bay respecting c; trying on the 
war, and his Excellency Governor Shirleys letter to me thereon. 

Gentlemen, When you have gone 1 through the things I have recommended 
and Pressed with so much earnestness, and which I esteem so essential to 
the safety of the Province, I shall order the remaining concerns of this 
Session to be laid before you in this order. 

Gentlemen of the Council & Assembly 

The delay of the Royal orders met with in the late Assembly, with respect 
to their being fully obey'd, has made it necessary for me to make it the main 
point of this session. The gratitude and obedience I owe to my sovereign 
command it; the concern I am in for the safety of his Majesties subjects 
under my Government, the affection I bear to my native country, and the 
necessity laid on me in order to stand justified before my Royal Master, are, 
and will be, sufficient Testimonies for my conduct therein. I shall therefore 
hope that every member of the General Assembly will unite in their senti- 
ments for the publick safety and defence, let their views in other points be ever 
so different: a contrary behavior under the dreadful calamity of a war, will 
be offering violence to your country, and must iix a lasting reproach on our 
happy Constitution. 

„ B. Wentwoeth, 

Council Chamber in 
Portsmouth, 29 th Jan- V 1744-5. 



%66 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Gov. /Shirley's Communication. 
[Copied from MS. Corr. in Secretary's office, Vol I, p. 187.] 

Province of the { 
Massachusetts Bay J 

The Committee of both Houses upon the subject of his Excellency's mes- 
sages of the 19 th & 22 d instant make the following report, viz. 

That they have been attended by two Gentlemen who have lately been 
prisoners at Louisburg & by others who have been traders there & who are 
well acquainted with the place, from whom the Committee have received in- 
formation that the Garrison there does not consist of more than five or six 
hundred regular Troops & that there are not above three or four hundred 
fighting men of the Inhabitants, that they have but a small stock of Provisions, 
that they have no vessels of Force in their Harbour, and that the place is at 
this time less capable of being defended against an attack than its probable, 
it will be hereafter. 

The Committee therefore are of opinion that it is incumbent upon this 
Government to embrace this favourable opportunity to attempt the reduction 
thereof; and they humbly propose that his Excell^ the Capt. General be 
desired to give forth his Proclamation to encourage the Inlistment of three 
Thousand Voluntiers under such proper officers as he shall appoint, That 
each person so enlisting be allowed Twenty-five shillings pr month, & that 
there be delivered to each man a blanket, that one month's pay be advanced 
& that they be entitled to all the plunder. 

That provision be made for the furnishing of necessary warlike stores for 
the Expedition, That four months provisions be laid in, That a Committee be 
appointed to procure & fit vessels to serve as Transports to be ready to depart 
by the beginning of March, & that a suitable naval force be provided for 
their convoy, as this Court shall hereafter order. That application be forth- 
with made to the Government of New York, the Jerseys & Pennsylvania, 
New Hampshire, Connecticut & Rhode Island to furnish their respective 
Quotas of men & vessels to accompany or follow the Forces of this Province. 

In the name & by order of the Committee. 

Wm. Pepperell. 

In Council, Jan. 25, 1744— Read & Sent down. 

In the House of Represent 8 , Jan, 25, 1744 — Read & Accepted. Sent up for 
concurrence. 

T. Cushing, Speak r . 
In Council, Jan. 25, 1744 — Read & concurred. 

J. Williard, Secy. 
Consented to 

W. Shibley. 
Copy Examin d pr. J. Williard, Sec^. 

[p. 123.] The Speaker with the House being returned to their 
own Room, his Exc ys speech & the other papers were read & 

Voted That Mr. Speaker Rogers, Thomas Millet' Esq. Mr 
Meshech Weare & Mr. Henry Sherburne jun. be a Comittee to 
draw up an answer to his Exc ys speech & present it to the House 
as soon as may be for y r approbation. Then the Speaker ordered 
the Clerk to adjourn the House to three of the clock in the after- 
noon, — which was done. 

Met at three o'clock, according to adjournment, & a Petition 
being preferred by sund y of the Inhabitants of the Town of 
Newington representing to the House that Geo. Walton, Esq. 
was not duly Elected to Represent that Town & praying that he 



1745.] JOURNAL OF THE HOUSE. 267 

may not be allowed to Represent s d Town, as pr Petition on file. 

Ordered That the Petitioners be heard on their Petitions on 
Fryday next at ten of the clock in the forenoon & that they forth- 
with serve the Selectmen of the Town of Newington, the 
Moderator of the Town meeting that was held in s d Town on the 
21 st of January Curr* for the choice of an assembly man, with a 
copy of the Petition & this order thereon & cite them to appear 
before this House at s d time & shew cause if any they have why 
the prayer of the Petition should not be granted & also that a 
summons go from the Clerk of this House at the cost of the 
Petitioners to cite the Town Clerk of Newington & Rich d Down- 
ing & Seth Ring of s d Town, yeomen to appear at s d time. 

House adjourned by order of the Speaker till tomorrow 
morning, half an hour past nine of the clock in the Forenoon. 



Wednesday, Jan y 30 th 1744. Met according to adjournm* & 
present all but Mr. Walton, & 

Voted Unanimously that the Rev d Mr. Fitch & Mr. Shirtleff be 
desired to attend upon this House every morning alternately & 
pray with them, & Mr. Frost & Mr. Wear are desired to wait 
upon the Rev. Mr. Fitch & desire him to come this morning & y* 
y e same gen* be desired to wait on the Rev d Mr. Shirtliff some 
time to day & pray him to attend upon the Court at the time to 
w ch it may adjourn tomorrow morning. 

R. Wibird, Esq. came down & Informed the House that his 
Excell y had adjourned the Council till tomorrow, 10 of the clock, 
upon ace 1 of the Church Fast. 

The Com tee waited upon the Rev d Mr. Fitch & he came & 
pray'd in the House. 

[p. 124.] Voted, That Thomas Millet, Esq & Mr. Meshech 
Wear be a Comittee of this House to joyn with such as shall be 
appointed by the Hon ble his Maj s Council to inquire into the 
grants that have been made of men in y e year past for the defence 
of the Government, to Receive y e Muster Rolls consequent there- 
upon & Examine them & make speedy Report unto y e Gen 1 
Assembly in order for y e allowance. Sent up for concurrence, 
Thursday morning by Mr. Millet & Mr. Russell (also y e 2 — votes 
that pass d y* morning.) This vote was concurr'd with & John 
Downing & Sam. Solly added by the Council. 

Voted that Coll. Peter Gilman, Esq. Mr. Henry Sherburne, jun. 
& Wm. Frost Esq. be a Comitee to Receive & Examine the 
Treasurer's Acc ts & all other acc ts relating to y e publick affairs of 
the Province & make speedy Report of y r doings unto y e Gen 1 
Assembly. Concurred, J. Odiorn, Huske, Atkinson, joined. 

Voted, That Coll. Thorn 8 Wallingford, Wm. Frost Esq. & Mr. 
Zebulon Gideon be a Comittee from this House to joyn with such 
as may be appointed by the Hon ble his Maj s Council to view his 



268 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Maj 8 Fort Wm & Mary & make Immediate Report to the Gen 1 
Court what further Repairs may be necessary to be made in s d 
Fort, in order to put it in a proper posture of defence & what 
materials may be wanting therefor. This vote concurred, & E. 
Huske, S. Solly, J. Downing added. 
Adjourn'd to 3 o'clock, p. m. 

P. M. Met according to adjournment. Voted That all Muster 
Rolls be sworn in this House. 

Adjourn'd for one Quarter of an hour. 

Met according to adj 4 . Benjamin Matthews came before the 
House & made oath to two Muster Rolls one for 14 & one for 
nine men, 12 days each as on file. Adjourn'd till tomorrow 10 
o'clock. 



Thursday, Jan? 31, 1744. Met according to adjournment, & 
Rev. Mr. Shirtleff came & prayed in the House. 

[p. 125.] Voted, Thomas Millet, Esq. Maj r Eben r Stevens 
Meshech Wear & Capt. Wm Frost be a Com te of this house to 
joyn with such as may be appointed by the Hon blc his Maj 8 
Council to make a computation of what number of men it may 
be necessary to raise, keep in pay for the service of the ensuing 
year in case of an Indian warr for the Defence of the Province 
by Sea & Land & make an estimate of the charge thereof & all 
the other charges of the Province for the year 1745, & make 
Report to the Gen 1 Assembly with all possible Dispatch Concurred 
& H. Sherburn, R. Wibird, S. Solly added. 

All y e forego 8 votes sent y s morning by Mr. Millet & Russell. 

Voted y e following be sent up as answ r to his Exc y Speech, and 
it was sent up by Mr. Frost, Mr. Wear & Mr. Walton & Mr Lock. 

Answer- to the Governor's ^Speech of January 29, 1744-5. 

May it Please your Excellency — 

We the Representatives of his Majesty's Province of New Hampshire, in 
Gen 1 Assembly convened, have considered your Excellency's speech to the 
Council & Assembly of y e 29 th curr* and as we trust we are come together 
with sincere aims & hearty Desieres & Intention to do all we can for the 
good of the People we Represent without any separate views or aims — We 
hope your Excellency meets us under the influence of the same principles & 
doubt not but we shall yield ready obedience to every Royal Command laid 
on us that is inseperable from the true Interest of the People. 

We assure your Excellency that it is the Resolution of this House to give 
all the dispatch in their power to the publick affairs without suffering any pri- 
vate business to give the least interruption thereto & to proceed first upon 
those matters that are of the greatest importance, & Pursuant to such Reso- 
lution we have already made choice of Committees of this House to joyn with 
such as may be appointed by the Hon ble his Majesty's Council to Inquire into 
the state of the Treasury & other matters necessary for us to be acquainted 
with before we can proceed on all the Particulars Recommended to us by 
your Excellency. We doubt not of the concurrence of your Excellency & the 
Hon bIe Council in those votes & pray that your Excellency would order all 



1745.1 JOURNAL OF THE HOUSE. 



269 



the Publick accompts to be immediately laid before the House that the Pub- 
lick business of this critical conjuncture may not be delayed for want thereof. 

We shall always be ready thankfully to Receive & gratefully to acknowledge 
any Favour his Majesty of his Royal' Bounty shall be pleased to confer upon 
us & pray that your Excellency would Inform us what the Stores Expected 
are that we may the better judge what provision it may be necessary to make 
for them. 

The duty we owe to his Majesty & the concern we have for the wellfare of 
the People we represent are sufficient Reasons to Excite us to give the utmost 
Dispatch to the publick affairs of which we Trust our future conduct will be 
a sufficient Testimony. 

[p. 126.] Mr, Wibird brought down y e vote for a Comittee to 
make a computation of men & y e charge of y e y re 1742, to know 
if it was to Relate only to y e Indian warr. 

Voted it be reconsidered & that y e words (in case of an Indian 
warr) be left out of it; Upon w ch the vote is writ over again & 
those words left out & sent up by Mr. March. 

Mr. Wibird brought down to y e House a Petition of Henry 
Sherburne, Corn 1 " of a scout praying an allowance for time & ex- 
pence in his Maj tys service more than in his Muster Rolls. The 
Petition is read, & voted it be dismissal not being properly 
directed. 

Voted That Coll. Peter Gillman & Mr. Gideon go to the Hon ble 
Council & Inquire whether an act which pass'd the House of Rep- 
resentatives in Feb. 1743 enabling the Judge of Probates to act 
in several matters wh r y c Law was not before clear in, had pass'd 
y e Council, & if not pray y e liberty of withdrawing it. 

Voted That Coll Peter Gilman & Mr. Sherburne be a Comittee 
to enquire into y e State of the Records & make Report to y e 
House as soon as may. 

Adjourned to 3 and a half o'clock, p. m. 

Met according to adjournment & present all the members. 

Col. Gilman & Mr. Gideon Report to the House that the Hon bk 
Council inform'd them that the Probate Act was not pass'd. 

The Committee to inquire into the State of the Records mak- 
ing their Report — 

Voted, That Eleazer Russell Esq. Mr. Meschech Wear, Moses- 
Levitt, Esq. & Clement March, Esq. be a Comittee to joyn with 
such as may be appointed by the Ilon ble his Majestys Council to 
draw up a Bill to be passed into a Law by the Gen 1 Assembly, if 
approv'd of, whereby the choice of a Recorder for this Province 
may be invested in such Freeholders of this Province as have 
each a Real Estate worth fifty Pounds & make Report to the 
Gen 1 Court as soon as possible that the publick Records may not 
be kept shut up any longer. Sent up by Mr. Stevens. 

About sun set, Mr. Wibird & Mr. Solly came into the House & 
inform'd them that Mr. Prescut had sent a carriage for the arms 
y* his Exc y press'd in June last & that unless the Assembly will 
purchase them his Exc y thinks he must deliver them. 

[p. 127.] The Com te appointed to go to the late Clerk & De- 



270 PROVINCE OF NEW-HAMPSHIRE. [1745. 

mand y e Books, <fcc. Report that they had been & that he had 
delivered them some files & books & told y e Com te y l there was all 
& that they deliv d y e s d Books & files to y e present Clerk. 

Mr. Wibird came to the House & said that his Exc 7 had in 
answ r to part of y e House's answer to his Exc ys Speech, sent him 
to inform the House that y e Stores expected were sixty cannon 
with carriages & all other Stores to render them serviceable. 

Mr. Wibird came down again & brought the following message, 
viz. That Mr. Prescut waits & his Exc y desires an answer; that if 
the House wont buy them he must give an order for them to be 
delivered to night- 
Voted, That Coll. Peter Gilman & Eleaz 1 Russell be a Com te of 
this House to joyn with such as may be appointed by his Majestys 
Council Imediately to treat with Mr. Prescut or his agent about 
purchasing a parcle of small arms w ch were press'd as the Ho,use 
are informed for his Maj ties service at Fort Wm. & Mary in June 
last, & forthwith make Report to the Gen 1 Assembly. Sent up to 
y e Council by Mr. Gilman. 

Mr. Wibird & Ellis Huske came into y e House & s d that his 
Exc y sent them to inform the House, that if the Com te would 
go upon the business about Mr. Prescut's arms directly, his Exc y 
would wait & finish y e matter to night, & y* they were joyn'd to 
y e Com te . 

The House being of opinion that they ought to know whether 
their votes were concurr'd with or not before they proceeded to 
act on them, sent up to inform his Exc y so, who sent the House 
word again by Mr. Wibird that it was according to the usual 
Practice of y e Councill & and that all the votes sent up were con- 
curred with, except the vote about a Recorder, w ch lay for further 
consideration. 

The Com te appointed to treat with Mr. Prescut about the arms, 
Report that they had treated with Mr. Mark H. Wentworth, 
ao-ent of Mr. Prescut, who told them that his orders were to sell 
the arms for twelve pounds money, & not under. Upon wh cb 
the Question was put whether the House would give that price & 
it past unanimously in y e negative &> Coll. Gilman & Mr. Wear 
were sent to inform his Exc y of it, & then adj d till to morrow 10 
of the clock. 



[p. 128.] Fryday, Feb y 1 st 1744. Met according to adjournm' 
■& all y e members present. * 

Mr. Thompson sent up to the Councill to desire that the Sec y 
may be directed to bring the Probate act to the House that was 
sent in Dec. 1743, who brought for answ r that the Sec y was not 
come, that when he came it should be inquired about. 

John Knight &c. Inhabitants of Newington — Comp' as on file 
That Mr. Geo. Walton was not legally chosen to Represent 



1745. 



JOURNAL OF THE HOUSE. 271 



■said Town & pray'd that he may not be allowed to Represent s d 
Town being Read, & all the parties Required to be cited to appear 
with y r Evid s , but it appearing that the Moderator had not been 
served with the copy of y e Petition & order, Ordered that y e 
Clerk deliver him a copy thereof & that all the Parties be required 
to attend on this House at three of the clock this afternoon when 
the House will proceed to Examine into y e matters complained of. 

Copy D d to Capt. Jo. Nutter, Moderator. 

Whereas Mr. Wibird informed the House last night in a mes- 
sage from his Exc y that all the votes sent up except y f about y e 
Recorder (which lay for further consideration) were concurr'd 
with, Voted, that a message be sent up to his Exc y pray g him to 
direct the See 7 to inform y e House who are joyn'd by the Hon ble 
Councill to the several Cornit 8 appointed by the House that an 
Entry may be made thereof in the Journal of y e House & y e 
com tes p roceec [ on business, & pray that his Exe v for the future 
when any vote is concurr'd with by the Council & assented to by 
his Exc y would direct the Sec y immediately to inform the House 
of it that an Entry may be made in y c Journal of the House 
which will greatly help them in the Dispatch of the publick busi- 
ness. Sent up by Mr. Wear & Mr. Philbrick. 

Rich d Wibird Esq. brought down a letter from his Exc y Gov r 
Shirley with some papers Relating to the proceedings of the Gov 1 
oi the Mass. Bay on an intended Expedition to Louisburg. Mr. 
Wear sent up to inform his Exc y that y e House were drawing up 
a vote on s d Papers & pray his Exc y to wait a little while : & the 
following vote was soon sent up. 

Voted, That Coll. Peter Gilman Esq. Thomas Millet, Esq. Mr. 
H y Sherburn & Moses Levitt be a Com tee of this House to joyn 
with such as may be appointed by the Hon ble Council to consider 
of the subject matter of his Exc v Gov 1 ' Shirley's letter & the 
Report of a Com tee of both Houses of the Province of the Mass a 
Bay relating to an Expedition to Louisburg or Cape Breton w ch 
papers were this day laid before the House by his Exc ys order, & 
what may be necessary & incumbent on this Province to do, & 
make Report to the Gen 1 Court as soon as possible. 

[p. 129.] Mr. Wibird came down with the following message, 
That his Exc y had nothing to object against the vote but thought 
that a Conference of both Houses might be a quicker way, but if 
the House did not think so desired the vote might be sent up 
again. Upon w ch it was Voted, That there should be a Confer- 
ence & Coll. Gilman went to acquaint his Exc y of it. 

His Exc y sent down Mr. Wibird to tell the House that the con- 
ference should be held tomorrow nine o'clock. Upon w ch the 
House voted, y* a message should be sent up to acquaint his Exc 7 
that they Exp d the Conference would be Imediately, that they 
thought the matter ought not to be delayed till to morrow, & 
therefore pray'd liberty to send up the vote, w ch was delivered 
his Exc y by Mr. Sherburne. 



272 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Mr. Levitt came down with the vote concurr'd with by the 
Hon ble Council, & Theod. Atkinson Esq. Sam 1 Smith Esq. John 
Downing Esq. & Samuel Solly, Esq. were joyned as a Com te of 
Council. It was assented to by his Exc- V the Gov r . 

Ellis Huske, Esq. also brought down a copy of the vote to 
view the Fort &c. concurred by the Council & Ellis Huske, Sam 1 
Solly & John Downing Esq s joyn'd as a Com te of Council to w ch 
his Exc y assented. 

John Downing Esq. brought a copy of y e vote about Muster 
Rolls concurred with by the Hon ble Council & John Downing & 
Sam 1 Solly, Esq 8 added to the Com te & assented to by his Exc y 
the Governor. 

John Knight &c Coinp u as pr Petition on file Representing 
some unfair & illegal proceedings at the Town meeting appointed 
for the choice of an Assembly man, praying that Geo. Walton 
may not be allowed to Represent y e s d Town the Petitioners are 
heard on y e petitions & their Evidences exam d . Capt. John Nut- 
ter the moderator & the Select men who are a part of the Peti- 
tioners are also heard, & after mature consideration 'tis the opinion 
of the House that Mr. Walton was not duly elected to Represent 
the Town of Newington & therefore ordered that he be dismissed 
the House & that a precept imediately go from the Speaker of 
this House to the Selectmen of Newington requiring them to 
call the freeholders to meet together to choose a meet person to 
Represent s d town in the Gen 1 Assembly now sitting as soon as 
may be & make return of their doings on or before y e 12 th of Feb^ 
curr*. (Precept granted to y c Sheriff Feb. 2, 1744.) 

[p. 130.] Adjourn'd till tomorrow nine of the clock. 



Saturday, Feb y y e 2 d 1744. Met according to adjournment <fe 
the Com te of both Houses on the subject of Gov r Shirley s letter 
& some other papers laid before the House yesterday by his Exc* 
having made their Report, it was brought into the House by Mr. 
Downing & Mr. Solly & read as follows : 

[Copied (1) from MS. Corr. in Secretary's office. Vol. I, p. 189.] 

Province of New Hamp r . 

The Committee of both Houses on the subject of his Excellency Governor 
Shirleys letter and some other papers laid before the Assembly this day by his 
Excellency : 

The Committee are of opinion that it is incumbent upon this Province to 
do all they can to forward & encourage the intended Expedition for the Se- 
duction of Louisburg or Cape Breton, and humbly propose that (if proper 
methods may be concluded on for defraying the charge which the Committee 
are of opinion will be about four thousand ponnds lawfull money) his Excel- 
lency the Captain General be desired to give forth his Proclamation to en- 

(1) The paper from which this copy is made is the original report. A copy is also found 
in the " Journal of the House."— Ed. 



1745.] JOURNAL OF THE HOUSE. 273 

courage the enlisting of two hundred & fifty voluntiers under such proper 
officers as he shall appoint ; that each person so enlisting be allowed Twenty- 
five shillings pr month & that there be delivered to each man a blanket, that 
one months pay be advanced and that they be entitled to all the plunder ; 
That provision be made for the furnishing of necessary warlike stores for the 
Expedition, that four montlis provision be laid in, that a Comittee be ap- 
pointed to procure & lit vessells to serve as transports to be ready to depart 
by the beginning of March. 
Feb- V 1, 1744 — Theodore Atkinson Peter Gilman 

Sam 1 Smith Tho s Millet 

John Downing Hen. Sherburne 

Sam 1 Solly. Moses Leavit. 

Voted, That afores d Report of the Com tee be accepted & sent 
up for coneurrance. 

('<i]><: Breton Expedition — Plan of Operations (1). 

[Copied from MS. Corr. in Secretary"> office. Vol. 1. pp. l ( .il-l!)4. ] 

Mem". In order for the attacking of Louisbotirg this Spring by surprise its 
propos'd that 3000 Troops should Embark from hence in Sloops & Schooners 
and proceed for Canso, well armed which should lie the place of Rendezvous 
it being within 20 Leagues of Louisbourg ; ami its being uncertain that so 
many vessels should be able to keep Company together when they are arrived 
at said Port, to take a favourable opportunity to sail from thence in order to 
be at Gaberous point by Dusk, from whence it is but 3 Leagues from Louis- 
bourg, then to push into the Bay, and as soon as -aid vessels .ire at an anchor 
to man as many whaleboats as they have & send them along the shore as 
neare as possible, which will make it the more difficult for them to lie discov- 
ered, & when they come to the cove which faces the low pail of the wall, 
there to land if the Sea will permit «i- scale that place if possible, & ii' other- 
wise as the Wall break's off a little on the other side of the Ea-t gate, not far 
from that there are picketts put for a considerable distance across a pond over 
to the Wall on the Beach on the other side of the Pond, and as this Pond is 
frozen all the month of March its not very difficull to gel over them: but if 
the weather will not permit their landing in the above place, let them proceed 
along the shore till they come to a long Range of Rocks that goes towards the 
Island, at the End of which is a Passage where the shallops go through, let 
them go in there and follow the Ledge of Rocks right back again, then they 
will land right against the East gate on a point, and as there are some Houses 
there, it will hinder their being seen, but one Boat ought to go first it sur- 
prise the People in those Houses a little time before the others ^ome up, Each 
whale boat must have two ladders in them of fifteen foot long which may be 
put in the middle of the Boat without hindrance to the men ; but the Boat- 
men must lay still at this Point till they think the main body is got near the 
Town, & that a party of as many men as shall be judg'd proper shall be ready 
to attack the Grand Battery, its necessary it should be low water if no Drift 
Ice aground along the shore, for the remainder of the men to go round the 
Picketts that are by the north gate, and when they get round with Ladders of 
15 feet long, they can scale the Wall facing the Harbour which is a Quarter of 
a mile round, and it will be absolutely necessary to appoint a Time to strike 
the blow all at once, which can be done by agreeing upon a certain hour just 
before Day, which is the Sleepiest Time, and the Commanding officer of each 
Detachment to know the time, and when the Time comes by his Watch to 
begin without further ceremony ; The Enemy finding themselves attacked at 
so many different places at once its probable it will breed such confusion 
among them that our men will have time to get in unmolested ; & it is to be 
observ'd that as the men march from the above point the low wall is on the 

(l)This paper was laid before the House, with the letter from Governor Shirley.— Ed. 

18 



274 PROVINCE OF NEW-HAMPSHIRE. [1745. 

left hand of the gate, and the Picketts on the right hand ; as all the enemy's 
troops are in the citadel except a small guard or two it will be a considerable 
time before the men are drest & got ready to march out, and even then it is 
quite in the other End of the town. 

Tins is what probably may succeed, but least any accident should happen to 
prevent it, it will be necessary to provide accordingly & in case our People 
should be discover' d & Repuls'd the above number of men being sufficient to 
command the held, it will be necessary in order to reduce the place to have 
what shipping can possibly be got to cruise off the Harbour's Mouth in order 
to intercept their Provision vessels which they Expect early being at this time 
very short of Provisions, as likewise to take any transports with men if any 
should come, and that our men may not be oiscourag'd at being repuls'd 
once, it will be necessary to send 12 nine pounders & two small mortars with 
shells, &c. and a Quantity of Provisions, so to bombard them & endeavor to 
make Breaches in their Walls & then storm them : and should the shipping 
be so lucky to take their Provisions and the land forces take all their cattle & 
keep them constantly employed, it will be impossible for them to hold the 
place till the last of July for want of pro visions. 

In order the better to secure the Retreat in case a superiour naval Force to 
ours should come from France & drive ours off the Coast, it will be necessary 
to have two small vessels with about Two hundred men at Canso, & the day 
after the Fleet is sail'd for Louisbourg for them to sail so as to get in by night, 
and it being but six Leagues from Canso to St. Peters they can get there be- 
fore day & surprise that place, which is an exceeding good harbour for small 
vessels, but has not Water sufficient for vessels of that size which will be able 
to drive ours off the Coast, so that the vessels for the Retreat will lay there 
safe, and the Troops be able to go to them by Land; there will be an advan- 
tage besides this in surprising this place as there is always a number of 
Indians with their Families which keep with a French Priest at a small 
Distance from the French Inhabitants, and the Booty taken there will pay 
the Expence & more in taking it. It is to be observed that during the time 
our Troops lay seige to the Town, it will be in their power to send parties and 
Destroy all their Fishery on the Island as well as the north side of the Har- 
bour which would ruin their Fishery for four or five years ; and as it is im- 
possible to fail of taking the Royal Battery at least, that would in a great 
measure lay open their Harbour exposed unto an attack by Sea from Eng- 
land, as the new Batterys in the Town in the greatest part of the Ambrozers, 
there are no guns & there are two gates that are made in Diamond fashion 
facing the Harbour that can be beat down in an instant the peices not being 
but 2 Inches & an half thick. 

N. B. The full complement of the Troops is 700 out of which deductions 
must be made of 50 for each of the two Batteries, viz. the Royal & Island 
Batteries, & 50 for Death, sickness &c. which reduce them to 550, and the 
other fighting men in the Town do not exceed 300, and that the Swiss Troops 
which are their best Troops are exceeding Discontented & mutinous; also 
that at St. Peters there may be about 200 men in scatter'd houses, and in the 
suburbs of the Town of Louisburg without the Walls about 200. it is im- 
probable that more than two 30 or 40 Gun ships should come with Mr. Duvi- 
vier who may be expected the first with Recruits & supplies, and in case the 
naval Force that comes should be superiour to our naval Force, that our 3000 
men would command the Field, & continue so till they could be protected & 
Reinforc'd from England. 

Indorsed, " Cape Brittoon 

Exped 11 — Plan of operation, Feby 1, 1744 — " 

[p. 131.] Mr. Wibird brought clown two printed copies of 
Proclimation, &c. w ch he said were necessary Imediately to be 
Issued forth & that his Exc y thought 'twould be best (as many, 
were wanted) to have them sent to Boston to be printed & asked 
y e opinion of the House. 



1745.] JOURNAL OF THE HOUSE. 275 

Mr. Sherburne & Mr. Lock sent up to inform his Exc y that the 
House are willing to be at the expense of Printing the Proclama- 
tions as soon as a proper method is agreed upon for the Defraying 
the charge. 

Mr. Wibird came down & told the House his Exc y desier'd the 
House would come to some speedy Resolutions, especially about 
the Proclamation, otherwase his Exc y would proceed in the same 
method that Gov r Shirley had done. The House sent up Mr. 
Sherburne & Mr. Wear to inform his Exc v that the House were 
preparing a vote for Emitting a sum of money to defray the 
charge of the warr & this Expedition to Louisbourg & were will- 
ing to be at the charge of Printing any Proclamations his Exc y 
should think proper to send out on this occasion. 

Mr. Wibird brought down a paper & delivered it to the speaker, 
& told him it was a plan of the operations ag st Louisburg & must 
be kept as a secret — w ch paper was read in the House & sent up 
again by Mr. Wear & Mr. Philbrook. 

Coll. Peter Gillman Esq. & Mr. H. Sherburn appointed a Com tee 
to draw up a vote for Emitting a sum of money to carry on y e 
Expedition ag st Louisbourg, &c. The House adjourn' d tor two 
hours. 

Met according to adjournment & adjourned to Monday twelve 
of the clock. 



[p. 132.] Monday February 4 th 1744 — A copy of the vote ap- 
pointing Thomas Millet, Esq. to joyn with a Com te of the Coun- 
cil to make an Estimate of men & money for y re 1745, brought 
into the House, concurred & assented to. H. Sherburne, Esq. 
Richard Wibird & S. Solly Esqs. joined as a Com te of Council. 

Voted, That the following Message be sent up. 

The House pray to be informed whether the Council have 
passed upon the vote about choosing a Recorder, w ch they think 
of great importance, — also pray that an Act which passed the 
House of Representatives & was sent to the Hon ble Council in 
Dec' - 1743, enabling the Judge of Probates to act in several cases 
which the Law was not before clear in & which they are informed 
by a message did not pass the Council, may be sent down. Also 
the House would inform y r Exc y & the Council that they think it 
proper that the several Com tees meet this afternoon or as many of 
them as can while the House have a Com te preparing a money 
vote w cl) they hope to have ready in the morning. Sent up by 
Mr. Stevens. 

In answ r to which the Sec 5 " came & s d That his Exc y had no 
objection to the Com tees going out, y* he should adjourn y e 
Council. As to the vote about the Recorder, they have not 
looked over it nor any other business since this affaire came on. 
That the act about y e Probates is dead : y* y e reason why it did 



276 PROVINCE OF NEW-HAMPSHIRE. [1745. 

not pass was because there were several inconsistances in it, that 
possibly it might be in his office, if it was he would deliver it 
to them. 

Adjourn'd till tomorrow ten o'clock. 



Thursday February y e 5, 1744 — Met according to adj*. Pres- 
ent all but Mr. March & Mr. Israel Gilman. 

The Com tee for drawing up a vote to raise money for y e Expedi- 
tion ag st Louisburg, & further carrying on y e warr, &c. bringing in 
the following vote w ch is read several times & after mature con- 
sideration & deliberation, unanimously voted & sent up by Maj. 
Stevens, Mr. Lock, Mr. Frost & Mr. Levitt. 

[p. 133.] Whereas there is an Expedition proposed in the 
neighbouring Government against the French (his Majesties 
Enemies) at Louisburgh for the Reduction thereof, a plan of which 
hath been laid before this House by his Excellency, the Governor, 
and whereas an Indian Warr is daily Expected And this House 
being willing to do all in their power towards the forwarding & 
carrying on the said Expedition & putting this Province into the 
best Posture of Defence they can, against his Majestys Enemies, 
and whereas there is a necessity of Raising money for the support 
of his Majestys Government & the circumstances of this Prov- 
ince being such at Present that in order thereto it is necessary 
there should be a new Emission of Bills of Publick Credit & 
that the drawing in & sinking the same should be put off to some 
distant period: 

Voted, That there be forthwith Imprinted & Signed by a Com- 
mittee or Committees to be appointed by the General Assembly 
for that purpose, the sum of Ten thousand Pounds in Bills of 
Credit on this Province, equal in value to so much in Bills of 
Credit on this Province of the last emission & in Such Form as 
shall be agreed upon by the General Assembly for the supplying 
the Treasury towards the Defraying the charge of the said Expe- 
dition for the Reduction of Louisburgh & the further carrying on 
the warr against his Majesty's Enemies & for the necessary sup- 
port of this his Majestys Government, and that the said bills be 
put into the Treasury & there remain for Defraying the charge 
of Imprinting & Signing the same & for other ends, uses and 
purposes afores d , Namely, for the payment of such allowances 
only as shall be made from time to time by the General Assembly 
Relating thereto & that the sum of Four thousand pounds, part 
of the said Ten thousand pounds shall be for & towards the 
carrying on the said Expedition against Louisburgh in such man- 
ner as shall be agreed upon by the General Assembly, and that 
the sum of four thousand pounds part of the said ten thousand 
pounds shall be for & towards the further carrying on the Warr 



1745.] JOUKNAL OF THE HOUSE. 277 

against his Majesties Enemies in snch manner as shall be agreed 
upon by the General Assembly, & that the sum of two thousand 
pounds, the remaining part of the said sum of ten thousand 
pounds shall be for the Defraying the charge of Imprinting & 
Signing said Bills & towards the support of his Majesty's Gov- 
ernment in such manner as shall be agreed upon by the General 
Assembly. And as a Fund & security for Drawing in & Sinking 
the said Bills, that there be a Tax on the Poles & Estates within 
this Province in ten Equal Annual payments from & after the 
year 1755, payable by the 25 th day of December in each of the said 
years, and that the Treasurer of this Province for the time being 
issue out his Warrants for the drawing in & sinking as afores d , 
[p. 134.] agreeable to the last proportion of the Province Tax, 
unless a new Proportion or Proportions should be made by the 
General Assembly, in which case the said sums shall be drawn in 
agreeable to the proportion next immediately preceding the 
respective payments. That . what of the said sum shall be drawn 
into the Treasury from time to time shall be burnt to ashes in the 
face of the General Assembly, and that in case any one or more 
of the said smaller sums or any part thereof shall not be used or 
improved for the particular Ends, uses & purposes afores d the 
same shall lye in the Treasury in order to be burnt & sink so 
much of the said Respective sums unless the same shall be other- 
wise ordered & disposed of by the General Assembly, & that the 
Treasurer for the Time being issue out his Warrants for so much 
as shall be drawn out of the Treasury by warrants agreeable to 
this vote & for no more. That each and every Warrant for 
drawing any of the said money out of the Treasury shall direct 
the Treasurer to take the same out of such sums as are respec- 
tively appropriated for the payment of such publick debts as the 
Draughts are made to discharge, & that the Treasurer for the 
time being be directed & ordered to pay such money out of such 
appropriation as directed, & no other upon pain of refunding all 
■& every such sum or sums as he shall otherwise pay, & to keep 
exact & distinct accompts of all payments made out of such 
appropriated sums. That an act be drawn up accordingly & that 
Coll. Peter Gilman, Esq. & Mr. Henry Sherburne be a Committee 
of this House to joyn with such as the Board shall appoint to 
draw up the Same. 

Mr. Secretary & Mr. Wibird brought down y e above vote for 
Imprinting ten thousand pounds &c. for the Exped n &c. & said y* 
y e Gov 1- could not consent to it for several reasons w ch he men- 
tioned. The House sent up Coll. Gilman with the vote praying 
the Hon ble Council would give their Reasons why they could not 
pass upon s d vote, in writing. The Secretary soon brought down 
y e following answer in writing as on file. 



278 PROVINCE OF NEW-HAMPSHIRE. [1745.. 

Feby y e 5, 1744 — 
Prov. of N. Hamp 1 '. The Council's objections to the House's vote of this- 
day for the emitting the sum of ten thousand pounds, &c. 

1. They are of opinion that nothing should be couched in the s d vote but 
what should appear that y e s d money is emitted for carrying the intended Ex- 
pedition ag st Louisburg into execution, especially as any overplus may be 
otherways expended in the war against his Maj ts enemies. 

[p. 137(1).] 2. The Periods for calling in the same should commence on the 
25 th of December 1751, in which year there is no sum by any Act of Assem- 
bly to be brought in, & so in proportion the nine succeeding years. 

These objections the Councill conceive make no material alterations with 
Respect to the Intent of the s d vote. 
The above objections read & voted to be sent down to the House. 

Theod e Atkinson, Secy- 
After the above was read the House adjourn'd till three of the 
clock. 

At three o'clock, Feb y 5 th 1744 — met according to adjournment 
& unanimously — -Voted, That the following be sent up as an 
answ r to the Councils objections, viz: 

The House's Answer to the Councils objections ag* their vote 
sent up this day, for Emitting ten thousand pounds for supplying 
the Treasury to defray the charge of an Expedition ag st Louisburg 
& further carrying on y e war & support of his Maj ties Government. 

1 st . The House are of opinion that there is great necessity of raising money 
for the farther carrying on the war & defence & support of his Maj ties Gov- 
ernment. As for carrying the warr into the Enemies Country both w ch they 
intend by their vote, & think it would be dishonorable in them to pass any 
vote or bill but what in the face of the same plainly set forth what they in- 
tended & therefore cannot consent to an Emission of paper bills unless the 
very use they intend it for be expressed in y e vote or bill. 

2 dl y. Inasmuch as the House are of opinion that it will be necessary for the 
defraying the growing charge of the Governm* between this & the year 1751, 
to lay considerable taxes on the years between that & the year 175G they 
[p. 138.] think that if the Periods for calling in the said sum of ten thousand 
pounds shall commence in the year 1751, it would be loading the people they 
Represent (in those years) with an insupportable burthen, & therefore as the 
Hon ble Council conceive their objections make no material alteration " with 
respect to the intent of said vote," the House unanimously think it their duty 
to adhere to y 1 ' s d vote & hope for a ready concurrence therewith. Sent up 
by Mr. Frost & Mr. Lock. 

Voted That a message go up to his Exc y praying him to direct 
the Treasurer to lay his acct s before the House ; also to pray his 
Exc y to direct the several officers to lay their Muster Rolls before 
the House, & the Speaker sent up Mr. Wear to deliver s d message. 

Jotham Odiorn, Esq. came down with a copy of the vote for a 
Comittee to examine acc ts concurred & Jotham Odiorn, TheocL 
Atkinson & Ellis Huske, Esqs. joyned as a Com tee of the CouncilL 

Mr. Wibird came & informed the House his Exc y had directed 
the Muster Rolls to be laid before the House. 

(1) 135 and 136 are blank pages.— Ed. 



1745.] JOURNAL OF THE HOUSE. 279 

Mr. Wear sent up to pray his Exc y to direct y* y e Treasurer lay 
his acc ts before y e House before the Com tee go out on them. 

His Exc y sent down y e following written Message by Coll. 
Downing & Mr. Solly : 

Gentlemen of the Assembly, 

In consequence of your message of the 2 d Inst. I express' d a messenger to 
Boston in order to get the Proclamations necessary to be Dispersed through- 
out the Province for encouraging the Expedition to Louisburgh printed, which 
I have this moment received, & as soon as the sheriff attends on me shall 
order them to be dispersed. 

Therefore that no delay may be occasioned on my ace* I think it necessary 
to lay before the Hon l,le House that I am ready to give my assent to any bill 
for defraying the charge that may arise on y e Equipment of 250 men for the 
Expedition to Louisburgh, in conformity to the Report of a Committee of 
both Houses Feb- V 1 st 1744— & concurred by both Houses Feb>" 2 (1 1744 — & 
assented to the same day & hour. 

[p. 139.] You will be pleased to observe that I have no Instruction to sup- 
port me in assenting to a Bill for Emitting any more money than what is now 
Extant. I must necessarily Incurr his Majesty's highest Displeasure if the 
support of the Government or any other affair should be included or even 
presumed in said Bill & therefore I hope you will think it for his Majesty's 
immediate service & the Honour of the Government to pass a Bill in support 
of the Resolve of both Houses for the service of the Expedition only, which 
I am ready to assent to. 

B. Wentwokth. 

Council Chamber, In Portsm" Feb? 5 th 1744. 



[The following is the "Instruction'' under which the Governor acted. — Ed.] 
[Copied from MS. Corr. in Secretary's office, Vol. I, p. 239.] 

"Whereas Acts have been Passed in some of his Majestys Plantations in 
America for striking Bills of Credit and Issueing out the same in liew of 
money in order to discharge their Publick Debts & for other Purposes, from 
whence several Inconveniences have arisen, it is therefore his Maj r - vs Will & 
Pleasure that you do not give your assent to or Pass any act in the Province 
of New Hampshire under your Government whereby Bills of Credit may be 
struck or Issued in live money without a clause be included in such Act de- 
claring that the same shall not take effect untill the s (1 act shall be approved 
& confirmed by his Majesty, his heirs or successors, except only for the an- 
nual support & service of the Government not Exceeding six thousand 
pounds in such paper Bills, & this Permission to continue only until bis Maj- 
estys further Pleasure shall be known thereupon, and you are to take Especial 
care that no more than £6000 of such Bills be ever current at one & the same 
time." 

A copy of his Maj l . ys ki 19 th Instruction" to his Excellency, Gov 1 Wentworth. 
Compared pr. 

Theodore Atkinson, Sec- V . 

Which was read & then y e House was adjournal till to morrow 
morning 10 o'clock, having appointed Coll. Oilman & Mr. Sher- 
burne to prepare an answer. 



280 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Wednesday Feb y y e 6 th 1744 — Met according to adjm* the Com- 
ittee appointed to answ r his Exc ys message make their Report, 
which is read as follows & signed by the Speaker, &c. & 

Voted That it be sent up as an answ 1 ' to his Excellencys mes- 
sage of last evening, by Mr. Gideons & Mr. Lock. 

May it please your Excellency, 

The House sent two Messages to your Excellency y e 2 d Curr* in answer to 
your Excellencys message about y e Proclamations. The first was in these 
words : " The House are willing to he at the expence of printing the Procla- 
mations as soon as proper method is agreed upon for defraying the charge." 
The second in these words : " The House are preparing a vote for the Emit- 
ting of a sum of money to Defray the charge of the war & the Expedition to 
Louisburgh & are willing to be at the charge of printing any Proclamations 
your Excelly shall think proper on this occasion." 

May it please your Excellency, 

Tho' the House did not expect that an Express would be sent on purpose 
to get the Proclamations printed, understanding by your Excellencys message 
that there was an Express going on some other occasion, yet they are willing 
to be at the charge of printing them ; but y e sending them out before such a 
vote as afores d is passed the Council & assented to by your Excellency, or any 
proper way agreed on to defray the charge &c. we apprehend will be going 
too fast & not in consequence of the House's message of y e 2 d inst. By the 
tenor of your Excellencys message & the proceedings of your Excellency & 
the Hon ,,le Council on the vote of the House for the supply of the Treasury 
to defray the charge of an Expedition against Louisburgh & further carrying 
on the warr, &c. we perceive that notwithstanding the earnestness with 
[p. 140.] which your Excellency in your speech at the opening of this session 
Inforced their Excellencys the Lords Justices commands requiring your Ex- 
cellency to put the Province in the best posture of defence, &c. in their Let- 
ters laid before the House, requiring the House immediately & without any 
delay to enable you to carry the Royal commands into Execution, & tho' your 
Excellency is pleased in your Speech to use these words : "I shall expect you 
proceed upon it without the least delay, naked and almost defenceless as we 
are, the season of the year advances when we may expect to be attacked by 
Sea & Land " — That for all your Excellency & the Hon ble Council incline to 
do at present on this matter of putting the Province in the best Posture of 
Defence, we may still remain in the same naked and defenceless state. Does 
your Excellency think it would be for the honour of his Majesty and the 
safety of his People in this Province to leave the Province in such a naked 
and defenceles state as your Excellency is pleased to Represent it in & at a 
season when your Excellency justly observes we may expect to be attacked 
by sea & land, to send 250 of our best men (when we can barely spare them) 
on an Expedition abroad and make no manner of provision for the defence 
of his Majesty's Government at home? The House are surprised hereat & 
think this would be a high breach of the Trust reposed in them & a great 
Dishonor to his Majesty, to leave his Province in so naked & defenceless a 
State ; & really think it a sure way to gain his Majesty's displeasure ; & there- 
fore inasmuch as your Excellency expresses your readiness to assent to any 
Bill for emitting money for defraying the charge of an Expedition against 
Louisburgh without an Instruction to support your Excellency, we hope & 
trust that on further consideration your Excellency will think it of as much 
importance to make ample provision for the protection of his Majesty's 
Province in its naked & defenceless state : Especially as y r Excys the Lords 
Justices so strongly require it. In obedience to the Royal commands by your 
Excellency transmitted to this House, we have proceeded without the least 
Delay in this important matter & hitherto made it the main business of this 
Session as your Excellency required Us ; & considering the concern your Ex- 
cellency expresses in your Speech for the Safety of his Majesty's subjects 



1745.] JOURNAL OF THE HOUSE. 281 

# 

under your Government, your Excellency's affection for your native country 
<fe the lasting Reproach which the neglect of protecting & defending his 
Majesty's Province under the dreadfull calamity of a warr at a time when an 
Expedition is carrying on abroad, would bring upon our happy Constitution ; 
we hope that your Excellency will think it for his Majesty's immediate 
service and the honour of this Government to assent to the vote of this 
House sent up yesterday to supply the Treasury for the service of the Expedi- 
tion & further carrying on the warr, &c. which is in support of the Report of 
the Committee of both Houses & the Resolve of the General Assembly 
thereon. 

The Council sent down the old Vote for Emitting ten thousand 
pounds with the following amendment, viz. 

That nothing be express'd in the s d vote but what relates to 
the intended Expedition ag st Louisburg & for annoying & dis- 
tressing his Majesties Enemies, and for defending & safe-guarding 
his Majesty's subjects of this Province, & 

2 d That the Periods for bringing the money emitted into the 
Treasury again, commence y c 25 th day Dec r 1751. 

Theo. Atkinson, Sec y . 

And immediately after his Exc y sent a written message, as on 
file. 

Message of his Excellency 6 Feb. 1744-5. 

[Copied from MS. "Gov rs Messages," in Secretary's office, Vol. I, p. 329. j 
Province of New Hamp 1 ' 
Gentlemen of the Assembly 

That the present Expedition to Louisburg in conjunction with lii> Majesty's 
other Governments may meet with all possible encouragement from me, I 
now give the Hon ble House my full assurance that I am ready to give my 
assent to any bill you may project in favour of this Expedition, that shall 
carry on the face of s (l Bill, that it is intended & appropriated to the service 
■of the Expedition, for annoying & distressing her Majesty's Enemies & for 
the protection & safeguard of the Frontiers ; & that the periods for calling in 
the Same shall commence in the year 1751, which is the furthest I can put it 
off, unless any of the other Governments should on this occasion put his 
Majesty's Subjects on a more favourable footing, & in that case I promise to 
assent to any Bill that may be projected by the House hereafter to farther 
postpone the periods that now may be agreed upon, that his Majesty's sub- 
jects of this Province may be put on as advantageous circumstances in 
respect to their Emissions & upon an equal footing with the subjects of his 
Majesty's other Governments, Which is all you can expect or desire from me. 

You will likewise observe that it will be necessary in case the provision you 
now make falls short, to carry on the Expedition, that you will hereafter 
make farther grants to make good any deficiency, and that if there should be 
any Excess it shall remain in the Treasury 'till disposed of by the General 
Assembly. 

B. Wentwoeth. 
Council Chamber, 
in Portsm Feb. 6, 1744-5. 

[The Message] read & Coll. Gilman & Mr. Sherburne desired 
to draw up another vote & present it to the House in the after- 
noon, & the House adjourn'd till three of the clock. 



282 PROVINCE OF NEW-HAMPSHIRE. [1745, 

P. M. Feb 6 th . Met according to adjournment. Coll Gilman 
& Mr. Sherburne bring in the following vote which is read & 
voted to be sent up. 

[p. 141.] Prov. of N. Hamp r . 

In the House of Representatives, Feb. 6, 1744-5. 

Whereas there is an Expedition proposed in the neighboring 
Government ag st the French (his Maj ts enemies) at Louisburg for 
the Reduction thereof, a Plan of which hath been laid before this 
House by his Excellency the Governor, & whereas an Indian war 
is daily expected, & this House being willing to do all in their 
power towards the forwarding & carrying on said Expedition & 
putting this Province into the best posture of defence they can 
against his Maj ts Enemies ; and the circumstances of this Prov- 
ince being such at present that in order thereto it is necessary 
there should be a new Emission of Bills of publick Credit, & that 
the drawing in & sinking the same should be put off to some dis- 
tant Period : 

Voted — That there be forthwith Impressed & signed by a 
Com tec or Com tees to be appointed by the Gen 1 Assembly for that 
purpose, the sum of ten thousand pounds in Bills of Credit on 
this Province equal in value to so much in Bills of Credit on this 
Province of the last Emission, & in such form as shall be agreed 
upon by the General Assembly for the supplying the Treasury 
towards (for) the defraying the charge of the said" Expedition for 
the Reduction of Louisburgh & the further carrying on the warr 
against his Maj tys Enemies" & for defending & safeguarding his 
Maj tys subjects of this Province & for defraying the charge of Im- 
printing & signing the same, and that the said Bills be put into 
the Treasury & there remain for the ends, uses & purposes afores d 
& that it be appropriated in the manner following: viz. 

That the sum of fifteen hundred pounds, part of the said sum 
of ten thousand pounds, be for the payment of two hundred & 
fifty voluntiers, officers & soldiers, for four months to be raised & 
sent on an Expedition for the Reduction of Louisburg & one 
months pay to be advanced to each man, and the rest paid when 
the muster Roles are allowed and approved of by the General 
Assembly. 

[p. 142.] That two thousand pounds more of the said sum of 
ten thousand pounds be for the purchasing provisions, Blankets, 
& other necessary stores for the afores d Expedition, as shall be 
ordered by the General Assembly. 

That five hundred pounds more of the said Sum of ten thou- 
sand pounds be for procuring & fitting vessels for transports, & 
payment of Com tees that shall be appointed by the Gen 1 Assembly 
to procure vessels, Provisions stores & other necessarys for the 
use of & towards s d Expedition. 

That five hundred pounds more of said sum of ten thousand 
pounds be for the payment of the officers of Fort Wm & Mary & 



1745.] JOURNAL OF THE HOUSE. 283 

such a number of soldiers as shall be allowed to be kept there by 
', the General Assembly, when the Muster Roles are allowed by the 
i Gen 1 Assembly. 

That two thousand pounds more of part of the said sum of ten 
I thousand pounds be for the payment of such a number of officers 
| & soldiers as shall be allowed by the Gen 1 Assembly to be kept in 
I pay for his Maj tys service for defending & safeguarding His Map 8 
: subjects of this Province when the Muster Rules shall be made up 
& allowed by the Gen 1 Assembly. 

That two thousand five hundred pounds more of part of s J sum 
often thousand pounds be for purchasing provisions and other 
necessary stores for the officers & soldiers lasl mentioned & vict- 
ualling the soldiers that may be allowed for Fori William & Mary. 
That two hundred & fifty pounds more of said sum of ten 
thousand pounds be for a bounty on scalps as shall be allowed by 
the General Assembly in case of an Indian War to encourage vol- 
untiers to annoy & distress his M;ij' Enemies. 

That two hundred & fifty pounds more, paii of the said sum of 
ten thousand pounds be for defraying the charge oi [mprinting & 
signing said Emission of Bills. 

That the sum of five hundred i ods more, the Remaining 

pari of said sum of ten thousand pounds, be for the paymenl of 
such incident charges of the war as may be allowed by the Gen- 
eral Assembly, & 

[p. 148.] As a Fund & security for drawing in & sinking the 
said Rills, that there be a Tax on the Poles & Estates within this 
Province in ten equal annual payments from & after the year 
1755, payable by the 25 th of December in Each of y" s d years & 
that the Treasurer of this Province for the time then being [ssue 
out his Warrants for the drawing in & sinking the same asafores d 
agreeable to the last proportions of the Province Tax unless a new- 
Proportion or proportions should be made by the General Assem- 
bly, in which ease the said sum shall be drawn in agreeable to the 
Proportions next imediately preceding the Respective payments: 
That what of the said sums shall be drawn in to the Treasury 
from time to time shall be burnt to ash.es in the face of the Gen- 
eral Assembly & that in case any one or more of the said smaller 
sums or any part thereof shall not be used or Improved to the 
particular ends, uses & purposes afores' 1 , the same shall lye in the 
Treasury in order to be burnt & sink so much of the s <f Respec- 
tive sums, unless the same shall be otherwise ordered & disposed 
of by the General Assembly & that the Treasurer for the time 
then being issue out his warrants for so much as shall be drawn 
out of the Treasury by warrants agreeable to this vote & no more ; 
That each & every warrant for drawing any of the s d money out 
of the Treasury shall be sign'd by his Exc y the Governor & shall 
be by & with the advice of the Council & shall direct the Treas- 
urer to take the same out of such sums as are respectively appro- 
priated for the payment of such publick Debts as the draughts are 



284 PROVINCE OF NEW-HAMPSHIRE. [1745. 

made to discharge & that the Treasurer for the time then being 
be directed & ordered to pay such money out of such appropria- 
tions as directed to & no other, upon pain of Refunding all & 
every such sum or sums as he shall otherwise pay & to keep exact 
& distinct accounts of all payments made out of such appropri- 
ated sums & that there be a general liberty given in the act for 
payment of s d sum of ten thousand pounds in such sort of spe- 
cies & in such way & manner as is set forth in act entitled an act 
for granting unto his most Excellent Majesty the sum. of £4720 
bills of Credit equal to proclamation money for supply of the 
Treasury, which act was passed April y e 3 d 1742 a| & that a Com tee 
[p. 144.] be appointed by the General Assembly to procure & fit the 
vessels for Transports & purchase all the Provision & other neces- 
sary Stores mentioned in this vote. That an Act be drawn up ac- 
cordingly & that Coll. Peter Gilman & Mr. H. Sherburn be a Com tee 
of this House to joyn with such as the Board shall appoint to 
draw up the same. 

Sent up by Mr. Levitt & Mr. Js. Gilman, and then the House 
adjourn' d till to morrow, 10 o'clock. 



[p. 145.] Thursday February y e 7 th 1744 — Met according to 
adjournment. 

A Bill for a special act to Enable the Judge of Probates to 
finish the settlement of the Estates of S 1 & Jo. Penhallow, Esqs. 
read y e third time. 

The vote for Emitting ten thousand pounds is brought down 
by Mr. Secretary & Mr. Wibird with a verbal message that the 
Council have no exception against the vote but the length of time 
for bringing it in, & after saying a good deal upon that subject 
desired the House would reconsider it. The House after consid- 
eration sent up Mr. Sherburne & Mr. Frost with the following- 
Message: — That the House think that the 2 d article in y r answer 
to the Councils message of the 5 th Inst, is a full answer to the 
Message sent down by Mr. Sec y & Mr. Wibird & therefore unani- 
mously adhere to their vote. 

The Sec y came down & told the House that his Exc y had ad- 
journ'd the General Assembly to Monday next ten of the clock. 



Monday February y e 11 th 1744 — Met according to adjournment. 
Voted That the following Message be sent up to the Hon ble 
Council. 

As it was of such great importance to his Maj*? this House were in hopes 
that the Hon ble Council would have directly proceeded upon their vote of y e 
6 th curr 1 for defraying the charge of the Expedition ag st Louisburg & further 
carrying on the war, &c. in some shape or other. Especially as the time we 



i 



1745.] JOURNAL OF THE HOUSE. 285 

had to get ready was so short, & the House would willingly have sat night 
& day for the dispatch of it, & are heartily concern' d that the long ad- 
journal of the General Assembly at this critical conjuncture has hindered 
the progress of these Expeditions in this Province ; Wherefore the House- 
pray that the Hon ble Councill will immediately pass upon s cl vote that the 
matter may not be any longer delayed, for the House are and always have 
been resolved to do all they can to forward the s d Expedition. 
. [p. 146.] Sent up by Mr. Gilman. 

Voted That the following message be sent up to his Exc y the 
Governor. 

May it Please your Excellency, 

On y e 6 th Ins* your Excellency was pleased to signifie to this House in a 
written Message that you were ready to give your assent to any Bill the 
House might project in favour of the Expedition to Louisburg under certain 
limitations, as in the s d message. The same day the House prepared & sent 
up a vote to the Hon ble Council for the supplying the Treasury to defray the 
charge of the Expedition against Louisburgh & further carrying on the Warr 
against his Majest* Enemies. But notwithstanding your Excellency 55 assur- 
ance of your readiness &c. on y e 7 th instant in the forenoon before the Hon ble 
Council had pass'd upon said vote (that we know of) your Excellency was 
pleased to adjourn the General Assembly to Monday ten of the clock, to the 
great grief of the House who have so much at heart the forwarding that 
noble projection of his Excellency Governor Shirley, communicated to this 
House uy his letter to your Excellency for the Reduction of Louisburgh. 

We assure your Excellency that it was & is the full Resolution of this 
House to do all in our Power to forward so noble an undertaking & we are 
Really & heartily concerned that your Excellency's so adjourning the Assem- 
bly from y e 7 th in the forenoon to y e 11 th curr* has so much Retarded & we 
fear discouraged the progress of the Expedition in this Province Especially 
when the whole time we had to prepare & get.ready in was so short. 

If the General Assembly had been kept sitting we think the affair might 
have been in a good forwardness by this time & we assure your Excellency 
that we should have chosen to have set night & day till this matter had been 
compleated, Rather than to have lost one minutes time. And we should have 
been glad if in this case (as your Excellency observes in your Speech) the 
lesser affairs of Government had given way to this important matter, & there- 
fore pray that your Excellency will be pleased to keep the General Assembly 
sitting till this matter is over, for we are Resolved to do all we can to 
forward it & to give it all the dispatch in our power. 

[p. 147.] Voted That the Journals of this House be printed & 
that Mr. H y Sherburne be & hereby is impowered to get . them 
printed. 

John Downing Esq. & Mr. Solly, about 5 o'clock in the after- 
noon brought down the following Message from the Council as on 
file. 

Province of N. Hamp 1 '. 

In Council Feb? 11 th 1744— 

Voted That the following answer to the Hon ble Houses' message of this day 
in relation to the vote of the House of y e 6 th inst be sent down. 

His Majesty's Council always esteem'd the Expedition to Louisburgh of the 
greatest Importance & have always forwarded the affair on their part. And 
as to the House vote of y e 6 th curr 1 it came up late at night & the House soon 
adjourn'd. On y e 7 th the Council sent early in y e forenoon a message to 
acquaint them in particular that the periods for calling in the money proposed 



286 PROVINCE OF NEW-HAMPSHIRE. [1745. 

in said vote to be Emitted were at too great a distance & therefore recom- 
mended it to their consideration in that particular for the House's alteration, 
to which the House sent a message by Messrs Sherburne & Frost that the 
House unanimously adhered to their vote, as sent up, so that the Council 
look't upon it that the affair was entirely over & his Excellency adjourn'd the 
General Assembly till 10 o'clock this day & that the Council waited all 
the forenoon but there not being a house met is the occasion why they did 
not hear of their said vote till now, but we now acquaint the House that 
their said vote of y e 6 th Inst is non-curr'd unanimously for the Reason given 
to the House by a message of y e 7 th inst. 

Theodore Atkinson, Sec?. 

The House Imediately voted & sent up the following message 
in answer, by Mr. Stevens & Mr. Lock : 

Tho' the Hon ble Council have not given any answer to the House's answer 
to there objection to the House's vote of the 6 th inst & notwithstanding it 
will be a great burthen to the people, yet the House being willing to forward 
y e Expedition ag st Louisburg &c. do agree that the Periods for paying in s d 
sum do commence in the year 1751, & pray to have y e vote sent down to 
make the amendment on it. 

His Exc y sent down a written message by Mr. Huske & Mr. 
Solly which was read & filed as follows: [This Message not 
found.] 

Mr. Sec y brought down a Petition of sundry Persons praying 
that provision may be made for 500 men for y e Expedition ag st 
Louisburg &c. w oh was read & ordered y* it lay for consideration. 

Petition, <&c. 
[Copied from MS. Corr. in Secretary's office, Vol. I, p. 197.] 

To his Excellency Benning Wentworth, Esq. Captain General & Commander 
in Chief in & over his Majesty's Province of New Hampshire, the Hon ble 
his Majesty's Council & House of Representatives in General Assembly 
convened, Feb)' 11 th 1744-5. 

The Memorial of sundry of the Inhabitants of said Province shews, That 
your Memorialists have been informed that the consideration of joining with 
the neighbouring Governments in the design' d Expedition against Louisburgh 
has for some time past Ingaged your attention, but that no Resolution 
Relating thereto has yet been fully agreed upon, and while ths matter is sus- 
pended, your memori sts beg leave to offer their tho'ts thereon, as it is an 
affair of Public concern. 

That your Memorialists conceive the welfare if not the very being of the 
Province depends greatly upon the Reduction of that place, as if it continues 
under the French it will in all probability Enable them in a little time to 
Reduce Port Royal, & if that should be the case 'tis easy to foresee what the 
fatal consequences must be to all the English settlements upon the sea Coast 
as well as to the Inland Towns by the Privateers infesting the One, & the 
Indians Destroying the other: And on the other hand, if Louisburgh was in 
the possession of the English, they would thereby have almost all the fish 
trade in their own hands, which would give life and vigour to all branches of 
Trade they are concerned in & Revive all sorts of Business, with many other 
advantages too numerous to be particularized here, and farther it is very 
probable that if we neglect to fight our Enemies at that distance & in their 
own Territories, we shall be oblig'd to do it nearer home, if not in our own 
Towns. 



1745. J JOURNAL OF THE HOUSE. 287 

That your Memorialists conceive it a just motive to quicken the People in 
this Government to see how forward zealous & active the neighbouring Gov- 
ernments are in this affair, even those much more remote than this, at least 
in less clanger, & that have less to fear should it not be done, — of which no 
doubt this Hon ble Court are acquainted, Tho' perhaps may not have been 
Inform' d that the Government of Rhode Island have determined to contribute 
to the Expedition the number of five hundred men & two Twenty four Gun 
ships, and the owners of the Privateers have promised the assistance of their 
vessels : The Inhabitants of the Colony of Connecticut have also by subscrip- 
tion Raised a sum of money for the pay & subsistance of five hundred men 
{their Gen 1 Court not sitting) who all are ready to Embark, and to speak gen- 
erally to avoid prolixity, every Government to which the affair has been pro- 
posed, seem to have gone beyond their power, as it were, to effect this design. 
To which your Memorialists would beg leave humbly to add that if this 
should fail of joining or only contribute what might justly be considered as a 
poor Pittance to an Enterprise in which (if attended with success) they will 
be more Benefitted & served in propoition, than any other, there need not 
much be said to set in a clear light, what a figure they must make in the Eyes 
of all who shall hereafter be acquainted with the fact. Wherefore y 1 ' Memo- 
rialists beg leave humbly to pray that Provision may be made for the paying 
& subsisting five hundred men, if so many belonging to this Government will 
Enlist as Volunteers for this Expedition, and that they may have the same 
Encouragement that the Volunteers in the other Governments have & your 
Memorialists as in duty bound shall pray, &c. 
[Signed] 
Tho s Packer, Nath 1 Peirce, Jn" Tufton Mason, 

Geo. Mitchell, John Newmarch, Nathaniel Meserve, 

John Wentworth, John Ayers, Josh 3 Pierce. 

Prov. New Hamp r . 

In Council, Feb v 11 th 1744— 
Read & recommended 

Theodore Atkinson, Sec>'. 

[p. 148.] The Sec y came into the House & said that in answ r 
to the House's message wherein they desired the Hon ble Council 
would send y e House vote of y e 6 th Inst. &c. the s d vote ouo-ht 
properly to lye in his office, that it was writ upon. If the House 
wanted it he would send it &c. 

Upon which the House Imediately prepared another vote — 
w ch is as follows on hie : 

The Hon ble Council being adjourn'd the House could not send 
up s d vote this evening ; & having nothing before them, the House 
adjourn'd till ten o'clock to morrow morning. 



Tuesday, February y e 12 th 1744 — Met according to adjourn- 
ment, and as soon as his Exc y came to the Council, the House 
sent up the afores d vote by Maj r Stevens & Coll. Wallingford. 

The House understanding that Brig. Gen. Pepperill was in 
Town, 

Voted, That Coll. Gillman, Coll. Wallingford & Mr. Gideons be 
desired to wait upon Brigadier Gen 11 Pepperill & pray him to come 
to the House & give them all the intelligence he can about their 



288 PROVINCE OF NEW-HAMPSHIRE. [1745. 

method of proceeding in the Province of the Mass. Bay in forward- 
ing the Expedition ag st Louisburg, & the forwardness it is at pres- 
ent in ; who soon Retnrn'd & s d that Gen 1 Pepperill would wait 
upon y e House. 

Whereas the House are informed that one Joseph Moulton, 

jun of lately travelling from this place towards Boston 

did give out & declare that he was going to carry advice that the 
Assem y of y e Prov : would not raise any men for the Expedition 
ag st Louisburg, or words to that effect, &c. 

Voted That the s d Joseph Moulton, jun. be sent for &> brought 
before this House to be exam d & inquired of how he came to 
utter such words or any words to that purpose, &c. 

[p. 149.] The sheriff making Return of the precept Issued by 
the speaker of this House on y e 2 d of Feb y Requiring him Issue 
out a precept to y e select men of Newington requiring them to 
call the freeholders togeather & choose a meet person to Repre- 
sent s d Town or Parish in the Gen 1 Assemb. of this Prov : & that 
the Selectmen of s d Newington had made return to him, y 4 the 
Town had chose John Fabyan. The House sent up to inform his 
Exc v that in a petition preferred by sundry of the freeholders of 
s d Newington, Representing in s d petition & declaring the pro- 
ceedings of the House in that matter, & praying his Exc y to order 
him y e s d Fabyan to be qualified. 

Mr. Secretary, Coll. Downing & Mr. Wibird came into the 
House & declaring they were sent to qualify John Fabyan, Esq, 
adminis d the oath to him, & he took his place in y e House being 
directed thereto by the speaker. 

Brigadier General Pepperell came to the House & Mr. Speaker 
declaring to him why he was desired to come, he made a Repre- 
sentation of the affairs to House : 

That the Mass a had voted 3000 men besides officers & sailors. 

5 20 Gun ships & other vessels, besides y e Gaily. 

2 mortars 

1500 Bombs 

8 or 10,000 Granadoe shells 

500 snow shoes 

£50,000 new Tenor & that they suppose the Exped 11 would cost 
£120,000 new Ten r . 

His Exc y sent down a written message (on file), at one of the 
clock, informing the House that their vote for £10,000 lay before 
him for his assent to it, &c. 

[Copied from MS. " Governor's Messages," in Secretary's office, Vol. I, p. 335.J 

Gentlemen of the Assembly, 

Your vote of 11 th Instant for the Emitting £10000 for tlie Expedition to> 
Louisburg and other purposes therein mentioned now lays before me for my 
consent. 

My inclination to exert myself to give life to the Expedition would lead me 
to get over small difficulties, but the violence I must offer to his Majestys In- 
structions, as the bill now stands, the uncertainty whether the 250 men re- 



1745.] JOURNAL OF THE HOUSE. 289 

ported by the Com tee of both Houses will take Effect, unless the number is 
increased to a small Kegiment & under Field officers of our own, with the 
distant periods, make the difficulties so great, that I must desire you will in- 
crease the number of men to a small Regiment, and shorten the periods, or 
give in your reasons for not doing it : Also, that if you can find no other way 
to defray the expence of the Expedition or for the defence of the Province. 
Council Chamber, B. W. 

in Portsm Feb. 11, 1744. 

Voted, That Coll. Gilman & Mr. Sherburne be Com te to draw 
up an answ 1 ' to y e s d message, & the house adjourn' d for an hour 
& an half. 

Tuesday Afternoon. The House met according to adjourn- 
ment & the Com te bring in the following answer to his Exc ys mes- 
sage this morning w ch was voted & sent up by Mr. Wear & Mr. 
Philbrick. 

[p. 150.] May it please your Excellency 

We are glad to find by your Excellency's message this day that our vote of 
£10000 to defray the charge of the Expedition against Louisburg & further 
carrying on y e war against his Majesties Enemies lays before your Excellency 
for your Excellency's consent thereto. 

Your Excellency was pleased to inform this House in your Excellencys 
written message of y e 5 th curr* that " you are ready to give your assent to any 
Bill for defraying the charge that may arise on y e Equipment of 250 men for 
y e Expedition to Louisburgh in conformity to y e Report of a Committee of 
both Houses Feby 1 st 1744 " & in your Excellency's message of y e 6 th curr 1 
you are pleased to use these words : " I now give the Hon ble House my full 
assurance that I am ready to give my assent to any bill you may project in 
favor of y e Expedition that shall carry on y e face of s d bill that it is intended 
& appropriated to y e service of y e Expedition for annoying & distressing his 
Majesties Enemies, for the protection & safeguard of the Frontiers & that the 
periods for calling in the same shall commence in y e year 1751." Wherefore 
the House that no delay should be chargeable to them, in complyance with 
your Excellency's proposals formed exactly such a vote as your Excellency 
was pleased in said message to give them your full assurance you would assent 
to, which is the vote now before your Excellency, and we doubt not but your 
Excellency will readily assent to it that the whole affair may not on that ace* 
be Delayed. As to what your Excellency is pleased to say about a further 
number of men, if that had been proposed when your Excellency only men- 
tioned y e 250 in your message of y e 5 th Inst, provision might have been made 
for them in the vote now before your Excellency, but as so much time has 
been spent in getting this vote so forward, & inasmuch as when your Excel- 
lency has assented thereto the Proclamations may go out if your Excellency 
thinks proper, and the affair be going on, — we pray your Excellency will im- 
mediately assent to it & then (as the House before they had Rec d your Excel- 
lency's message had agreed on a further provision of men to make a Regiment, 
as soon as the vote before your Excellency was assented to) a vote may be pre- 
pared therefor. 

The present distressed circumstances of his Majesties Subjects in this Prov- 
ince by reason of the warr, the heavy Taxes already laid, & which may further 
be Expected to be laid to defray the other charges of the Government, in y e 
succeeding years, are such that we cannot find out any other way to carry on 
this Expedition, which our hearts are so much engaged in, or in any degree 
shorten the periods for bringing in y e money. We therefore again earnestly 
pray that your Excellency will give your assent to this vote before you, & 
then we shall with cheerfulness proceed to make such further grants of men 
& money as shall tend to forward this Expedition, the Honour of his Majesty 
& the welfare of his Loyal subjects of this Province. 

19 



290 PKOVINCE OF NEW-HAMPSHIBE. [1745. 

[p. 151.] Mr. Wibird & Mr. Solly came into the House & in- 
formed them that his Exc y could not consent to the vote till the 
House Informed how they designed to make a further provision. 
The House sent up the following message in answ r by Mr. Gilman 
& Sherburne — The House propose to make up the whole number 
of voluntiers between 400 & 500, sailors included, & for defraying 
y e charge to Emit a further sum of money to be brought in Ime- 
diately after y e £10000 & in y e same manner. 

Voted, That a message be sent to his Exc y to inquire whether 
his Exc y has assented to their vote for £10000. Mr. Lock & Mr. 
Wear went up with it. Upon which his Exc y sent down a written 
message by Col. Downing & Coll. Smith, as on file in answer to 
w ch the House came into a Resolution to send a Com tee to his Exc y 
& tell him that if he consent to puting off the payment of y e 
money to be Emitted to pay the charge till after 1760, the House 
will vote 200 voluntiers more, but if his Exc y wont put off the 
Periods till after 1760 the House Resolve to vote no more than 
100 more, & Coll. Gilman, Maj r Stevens & Mr. March are desired 
to go with s d message. The House adjourn'd till to morrow 10 
of the clock. 

Message of his Excellency above referred to. 

[Copied from MS. " Governor's Messages," in Secretary's office, Vol. I, p. 339.] 

Gentlemen of the Assembly, 

By your message of this day, 1 find the disposition of the House is to aug- 
ment the forces to Louisburg to four or five hundred men, sailors included, 
which is very pleasing to me ; and if the House will send up a Resolve on 
that subject & in what manner they propose to pay the Expence, it will facil- 
itate the other bill that now lays before me, which at present appears very 
difficult ; — but by no means put off the augmentation or the charge to a fur- 
ther day. 

Council Chamber in B. Wentwokth. 

Portsm Feb? 12, 1744 — 



Wednesday February the 13 : 1744 — 
Met according to adjournment, & the Com tee appointed to wait 
on his Exc y make Report to the House that his Exc y will not con- 
sent to put off the periods for payment of any money beyond the 
time mentioned in y e vote of y e 11 th inst. Wherefore the follow- 
ing vote was pass'd & sent up by Maj r Stevens & Mr. Gilman 

Province of New Hamp r . 

In y e House of Representatives, Feb. 13, 1744. 
Whereas a vote was passed in this House on y e 11 th curr* for 
Imprinting & signing the sum of Ten thousand pounds to defray 
y e charge of transporting, Paying &c. 250 voluntiers on an Expe- 
dition against Louisburgh, agreeable to a Report of a Com tee of 
both Houses y e l 6t of Feb y curr 1 & further carrying on y e war 
against his Majesty's Enemies &c. which vote his Excellency the 



: 



1745.] JOUKNAL OF THE HOUSE*. 291 

Governor informed the House yesterday lay before him for his 
assent thereto, & whereas this House have further considered the 
great importance the success of this Expedition is of to his Maj- 
esty & all the Governments on this Continent &> to this Province 
in a particular manner, & being Resolved to do all they can to 
forward said Expedition even to exceed their ability & proportion : 

In addition to the said vote of y e 11 th curr* 

Voted, That the Capt. General be desired to Incourage the In- 
listing of one hundred voluntiers more (officers & sailors included) 
under such proper officers as he shall appoint giving them the 
■same Encouragement as proposed in a Report of a Committee of 
both Houses y e 1 st of the Feb y curr 4 & under the same Restric- 
tions & Limitations, & that for the defraying of the charge of 
their Transportation and any further charge of y e 250 voluntiers 
not before thought of, & all other charges relating to them there 
be forthwith Imprinted & signed by the same Committee or Com- 
mittees to be appointed, besides the sum mentioned in y e afores d 
Vote, the sum of three thousand pounds bills of Credit Equal in 
value to & of such form as the bills in said vote mentioned; That 
said bills be put into the Treasury & lay there for the use afores d 
as shall be ordered by the Gen 1 Assembly to be appropriated for 
said use, & called in in y c same manner & form as in the afores d 
vote, in proportion to y* sum, & that both sums be included in y e 
same act & under the management of y e same Committees. 

[p. 152.] A special Act Enabling the Judge of Probates to 
finish the settlement of the Estates of Sam 1 & John Penhallow, 
read, & having been read three times before voted, That it pass to 
be enacted. Sent up for concurrence by Mr: Fabyan & Mr. Lock, 
y e 13 th inst. 

Mr. Wibird came down & told the House that both the votes 
relating to the Expedition were concurred & assented to, &> de- 
livered a Paper & s d his Exc y Recom d it or something like it for 
the House's consideration. While y e House were consid g of the 
above paper Mr. Wibird came down & sd his Exc y desir'd the 
House would come into a Resolution upon s d paper directly, be- 
cause his Exc y proposed to annex it to the Proclamation. The 
House sent up Mr. Sherburne with y e following message to his 
Exc y : 

The House desire to be informed whether there is any authen- 
ticated certificate y* y e Map provided in y e manner represented in 
the paper laid before the House : if there is, pray that his Exc 7 
will direct it to be laid before the House. The House sent up 
Coll. Wallingford & Mr. March with y e following vote : 

Voted, That the same encouragement be given to private Cen- 
tralis & sailors that will enlist as voluntiers on y e Exped n ag Bt 
Louisburgh as is given in y e Prov. of Mass a Bay, & then adjourn'd 
till 1-2 past three. 

Met according to adjournment, & the following vote sent up 
by H. Sherburne, jun. 



292 PROVINCE OF NEW-HAMPSHIRE. [1745- 

Voted That Thomas Millet Esq. & Clement March, Esq. be a. 
Com te of this House to joyn with such as may be appointed by 
the Hon ble his Majesty's Council to go imediately to Boston & get 
the thirteen thousand pounds w ch the Gen 1 Assembly have voted 
shall be Impressed, imprinted with all possible dispatch on the 
best terms they can get it done; That it be struck from the same 
Plates as the £25000 were struck from ; two thousand Pounds of 
it from y e small plate & all the rest from the large plate ; That 
there be no other alterations in y e plate but that of the date ; that 
they convey it safely to y e Com te appointed to sign it as fast as 
possibly they can after it is Impressed, That the s d Com te be under 
oath to y e faithful discharge of y e trust repos'd in them. Sent up 
for concurr. by Mr. Stevens & Frost. 

Mr. Wibird joyned by the Council. 

[p. 153.] Voted That Nath. Rogers Esq. Coll. Peter Gilman 
Esq. Mr. Henry Sherburne jun. be a Com tee of this House to joyn 
with such as shall be appointed by the Hon ble his Maj t8 Council to 
sign the Thirteen thousand pounds voted to be Imprinted for the 
Exp d to Louisburg & further carrying on y e war, & that they or 
any three of them sign each bill, & y* y e s d Com tee be under oath 
to y e faithfull discharge of y r trust. Sent up for concurrence.. 
Geo. Jaffrey, Joth. Odiorn & Theo. Atkinson [joyned] of the- 
Council. 

Voted, That the Plates on w ch the £25000 loan was struck from 
be delivered to the Com tee for getting the £13000 for the Exped D 
Imprinted & that there be pd. to y e s d Com tee out of the Treasury 
to enable them to begin & carry on the work, fifty pounds, by 
them to be accounted for to the Gen 1 Assembly, & when the Im- 
pression of y e s d sum is finished that they bring the s d plates & 
deliver them to the Gen 1 Assembly. Sent up by Mr. Frost & Mr. 
Gilman. 

Ellis Huske Esq. came down with y e vote for Com te to get the 
money Imprinted, in w ch Rich d Wibird, Esq. was added by the 
Council, also the vote for a Com te to sign the money, to which 
Geo. Jaffrey Esq. Jotham Odiorne Esq. & Theo. Atkinson Esq- 
were joyned as a Com te of Council. 

Whereas Rich d Jennens Esq. of Rye has one of the keys of 
the chest in which the Plates from which y e £25000 loan was 
struck is kept, 

Voted That Mr. Jonathan Lock go to the s d Rich d Jennens Esq- 
& demand of him the afores d key & that the s d Richard Jennens 
Esq. deliver the s d key unto the s d Lock & that the s d Lock bring 
y e s d Key into this House as soon as he gets it, & then adj d till to 
morrow ten o'clock. 



[p. 154.] Thursday, February y e 14 th 1744 — Met according to 
adjournment. 

Voted That Coll. Gilman, Mr. Meshech Wear, Maj r Eben r Ste- 



1745.] JOURNAL OF THE HOUSE. 293 

vens, Thomas Millet, Esq. & Mr. Henry Sherburne, jun. be a 
Cdm* 6 of this House to joyn with such as may be appointed by 
the Hon ble his Maj tys Council to provide & fitt vessels for trans- 
ports, to procure provisions, stores of all sorts & transact every 
other affair proper for a Com te to act in Relating to the Expedi- 
tion for the Reduction of Louisburg, agreeable to the votes of the 
•Gen 11 Assembly, That money be borrowed out of the appropriated 
money now in the Treasury to enable the Com te to begin the 
work, to be repaid again, together with the fifty pounds voted to 
be p d to y e Com te for Imprinting the money, when the money ap- 
propriated for the use of the Expedition comes in ; That when 
the money appropriated for fitting vessels, advance wages, blan- 
kets, provisions & stores is in the Treasury (after deducting what 
may have been borrowed) it be p d to the Com te by his Exc y the 
Gov 1 " 8 warr* agreeable to y e vote of the Gen 1 Assembly, as they 
may have occasion for it, & that they be accomptable to the Gen 1 
Assemb : for such sums as they shall receive & that they make 
Report of their proceedings to the Gen 1 Assemb. from time to 
time as the Gen 1 Assemb. shall require the same. Sent up for 
concurrence. 

Mr. Secretary came down with the following Message from his 
Exc y : His Ex cy recomends it to the House to pass a vote that the 
officers & soldiers in y s Province for the Expedition ag 8t Louisburg 
have y e same pay as in the Massachusetts, w ch he apprehends 
would be for the encouraging the affairs going on. 

Voted thereon, Mr. Wear & Mr. Thompson go up & inform his 
Exc y that the House have his Exc ys message about encouraging 
officers under their consideration, & pray his Exc y will inform 
them what officers & how many he proposes to appoint. 

The vote for a Com tcc to manage the affair of the Expedition 
•concurr'd & assented to & George Jaffrey & Henry Sherburne 
Esq. Rich d Wibird & Sam 1 Smith, Esqs & John Downing, Esq. 
.added to the Com tce . Adjourn'd for two hours. 

[p. 155.] Met in the^afternoon, Feb. 14, 1744 — 
Voted That the Collonel, Lt. Collonel & Major, Captains & all 
under officers that are or shall be appointed to command the vol- 
untiers voted by the Gen 1 Assembly to go on the Expedition ag 91 
Louisburg have the same allowances made them pr month as are 
allowed by the Government of the Mass : Bay on y e s d Expedition, 
provided each Company consists of forty men or upwards, & that 
the Captains have the same allowance for enlisting men in propor- 
tion to the number of men in each Company & that no Capt. be en- 
titled to the bounty for enlisting men untill his Company be com- 
pleated; also that the Chaplin, Surgeon & Surgeon's mate (to be 
appointed by the Gen 1 Assembly) have the same allowances as in 
« d Province of the Massachusetts Bay, provided the surgeons 
wages don't exceed five pounds pr month. Then sent up for con- 
currence. Adjourn'd till to-morrow ten o'clock. 



294 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Fryday, February y e 15 th 1744 — Met according to adjournm*.. 

Colonel Thomas Wallingford, a member of this House making 
complaint unto the House that on Wednesday y e 13 th curr* during 
the session of this House, Cyprian Jeffrey of Portsm in s d Prov. 
Shopkeeper, did make an assault on him the s d Wallingford & y* 
y e s d Jeffry drew out his knife & said he would cutt his y e said 
Wallingford's throat if he got forty men to do it. It being con- 
sider'd by this House & Voted, That by doing hereof y e s d Jeffry 
did greatly affront y e s d House, Insult & offer great Indignity to 
them. It is further voted, That a warrant forthwith go out from 
the Speaker of this House directed to the Sheriff of this Province 
Requiring him forthwith to apprehend the body of y e s d Cyprian 
Jeffry & him bring before this House to be Exam'd concerning, 
the premises & dealt with according to the Laws & customs in 
such cases made, used & appointed. 

Warr* accordingly granted. 

[p. 156.] Mr. Secretary came into the House and informed 
them that his Exc y sent him to inform the House that he would 
spare any gunns out of the Fort that might be of use to the Ex- 
pedition ag st Louisburg. 

Whereas his Exc y the Gov r has offered to spare any Gunns out- 
of the Fort that may be of service in the Expedition : 

Voted, That one of the vessels to be provided for Transports 
be well fitted with eight such suitable gunns as his Exc y will 
please to spare out of the Fort & that the Com tee to transact the 
affair of the Expedition be hereby Impowered suitably to fitt one 
vessel with such Gunns as his Exc y may let them have to guard 
the other vessels & with all other suitable stores to fight s d Gunns* 
provided that the s d vessell be manned out of y e 350 voluntiers, 
heretofore granted, & also that the s d Comittee be impowered to 
get the vessels that he provided for transports valued & apprized. 

Sent up for concurrence by Mr. Sherburne, with a verbal mes- 
sage informing his Exc 7 y* y e House were about y e Act for Emit g 
£13000 & pray his Exc y would not adjourn the Gen 1 Assembly for 
any time till that was passed. 

Whereas Thomas Millet, Esq. who was appointed by this House 
to be one of a Com te to joyn with such as should be appointed by 
the Hon ble his Maj tys Council to inquire into the grants made of 
men & to Receive muster Rolls &c. &c. ; Whereas the s d Thomas 
Millet Esq. is appointed to be of a Com tee to go to Boston & get 
the £13000 Imprinted so that he cannot attend on the business of 
the Com tee first mentioned, that the Com tee therefore to receive 
Muster Rolls &c. may proceed on y e affair with Dispatch, — 

Voted, That John Fabyan Esq. be appointed out of this House 
to joyn with y e s d Com tee to inquire into the grants that have been 
made of men in y e year past for the Defence of the Government 
& receive the Muster Rolls consequent thereupon & Examine 
them & make speedy Report unto the Gen 1 Assm in order for- 



1745.] JOURNAL OF THE HOUSE. 295 

their allowance. Sent up for concurrence, in the afternoon by 
Mr. Levitt & Mr. Fabyan. 

[p. 157.] Thomas Millet, Esq. & Clement March, who were 
appointed of the Comittee to get y e £13000 Imprinted, were 
sworn to the faithful discharge of the trust Reposed in them. 

The House is adjourn'd for one hour & a half. 

Met according to adjournment. 

Coll. Joseph Blanchard Esq.(l) came into the House & informed 
the House that by virtue of the Sheriffs writ he was chosen to 
Represent the District of Dunstable, Litchfield & Nottingham, & 
prayed to have his seat in the House ; upon which he was told by 
the Speaker that the House knew nothing of his being so chosen 
&c. 

In the afternoon the Sec y brought the Gov" writ to the Sheriffe 
& the Sheriffs Return upon it that Joseph Blanchard Esq. was 
Returned as chosen for Dunstable, Litchfield & Nottingham, But 
inasmuch as this House knew not any Law, custom or usage of 
the Province intitling the places or any of them, by which he 
was chosen & sent, to send a Representative to sit in the Gen 1 
Assembly of this Province & forasmuch as every Town, Parish or 
District ought to have a Right so to do by Law, custom or usage 
of the Prov. previous to the Issuing of the King's writ, 

Voted, That until the s d Joseph Blanchard Esq. make it appear 
to this House, that those places for w ch he was chosen had a Right 
by Law, custom or usuage of this Prov. before the Issuing of the 
s d writ to send a Representative to sit in the Gen 1 Assembly of 
this Prov. he be not admitted to the Privilege of a seat in this 
House. 

Mr. Solly came down & s d his Exc y desired to know if the 
Report of the Com tee about men, &c. was pass'd. The Act for 
13000 Read y e 2 d time & then adjourn'd till tomorrow ten o'clock. 



[p. 158.] Saturday February y e 16, 1744 — Met according to 
adjournment. 

Voted, When the Bill shall be passed by the General Assembly 
for the supplying the Treasury with £13000 bills of Credit for 
defraying the charge of the Expedition to Louisburg & further 
carrying on the warr against his Majesty's Enemies &c. that then 
his Exc y the Governor be desired to inlist or Impress fifty good 
effective men to be by him employed in his Maj tys service for one 
month at twenty five shilling pr month, ten of the s d fifty men to 
be posted at Fort William & Mary & forty to be imployed in 
Scouting on the Frontiers as his Exc y shall think proper. 

(1) Coll. Joseph Blanchard was a native of Dunstable ; a distinguished citizen and officer 
during the French and Indian wars. He was born Feb. 11, 1704, was the father of Joseph 
Blanchard, jun., a noted surveyor, who, with the Rev. Dr. Samuel Langdon, published a 
map of the Province in 1761.— Ed. 



296 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Sent up for concurrence by Mr. Gideons & Mr. Lock. 

Mr. Solly came down & s d his Exc y desired the original papers 
from the Lords Justices, w ch were directly sent up by Mr. Levit & 
Mr. Fabyan. 

The Bill for supply of the Treasury with thirteen thousand 
pounds for defraying the charge of the Expedition ag st Louisburgh 
& further carrying on y e warr &c. having been read three times : 
Voted, That the s d Bill be passed to be finacted & signed by the 
Speaker & entryd. 

Nath 1 Rogers, Esq. Col. Peter Gilman Esq & Henry Sherburne, 
Jr. who were chosen a Com tee of this House to sign y e £13000 
were sworn to the faithful discharge of the trust reposed in them. 

The Sec y came down and s d the Council could not pass the 
Bill for £13000 till the House had pass'd y e Report of y e Com tee 
to make estimation of men & money. The House sent up Messrs 
Sherburne & Frost with the following message : The Bill sent 
up for the supply of the Treasury is exactly agreeable to the 
votes on w ch it is founded & therefore the House hope the Hon bl8 
Council will readily pass it, that the publick affairs at this extra- 
ordinary season may not be delay'd. 

The Sec y soon came down & told the House that the bill was 
passed, & adjourn'd the Gen 1 Assembly till Monday y e 25 th curr*. 



[p. 159.] Province of N. Hamp r . 

Monday February y e 25 th 1744 — Met according to adjournment. 

Voted that Mr. George Libby be Commissary to go with the 
forces that go from this Province on y e Expedition ag st Louisburg, 
to receive from y e Com tee appointed to procure provisions & stores 
&c. for s d Expedition & take care of & deliver out s d Provisions 
& Stores agreeable to y e Direction of y e s d Comittee & that he be 
Accomptable to y e Gen 1 Assembly therefor & have four pound 
ten shillings pr month for his wages pr m°. Sent up by Mr. 
Gideon. 

Voted, That Mr. Thomas Miller & Mr. Nath 1 Sergeant jun. be 
Surgeons to attend on y e Reg* that goes from this Prov. on y e 
Exped n ag st Louisburg & that proper Medicines & Instruments 
be provided by the Com tee & if both or either of those Gen* 
decline going that the Com tee for procuring stores &c. be hereby 
Impowered to provide a suitable person or persons for surgeons. 

Sent up for concurr. by Maj. Stevens & Mr. Wear. 

Voted, That the Com tee for procuring provisions & stores &c 
for the Expedition be desired to provide a suitable person for a 
Chaplin to go with y e Forces from this Province on y e s d Exped n 
ag 8t Louisburg. Sent up for concurr. by Mr. Levit & Mr. Lock. 

The* Sec y came & told the House that his Exc y desired him to 
adjourn the House till Monday next y e 4 th of March. 



1745.] JOURNAL OF THE HOUSE. 297 

Monday, March y e 4 th 1744 — Met according to adjournment & 
The Sheriff came into the House & made Return of the warr* 
granted to apprehend Cyprian Jeffry — as on file — & bring y e s d 
Cyprian into the House, but Coll. Wallingford & the witnesses 
not being present, ordered that the matter be heard to morrow 
[p. — ] (1) three of the clock in the afternoon, if this House be 
then sitting ; if not that it be heard on y e 2 d day of y e next sit- 
ting of this Court at three of the clock in the afternoon & that 
the Sheriff keep the s d Jeffry in custody untill the s d time & then 
bring him before this House. 

Voted that the sum of thirty pounds be granted for the Expe- 
dition to the Hon ble Wm. Pepperill Esq. (2) General &c. to enable 
him to provide for his table in y e Intended Expedition. 

Sent up for concurrence. 

William Frost, Esq. making a motion to have leave from y* 
House to go as Secretary to the General on y e Expedition ag** 
Louisburg, 

Voted That he have leave to go (3). 

The Sec y came into the House & informed them that his Exc 7 
had adjourn'd y e House to Thursday, 7 th inst. 



Thursday March y p 7 th 1744 — Met according to adjournment. 
Mr. Levit & Mr. Lock sent up to pray the Hon ble Council to send 
down the Report of y e Com tee on y e Muster Rolls & the Report 
of y e Com tee to view y e Fort, &c. The Secretary came down & 
said Coll. Downing had got y e s d Report, & afterwards said the 
Council was adjourned till to morrow eleven o'clock. 

Memorial of Capt. William, Vaughan (4). 
[Copied from MS. Corr. in Secretary's office, Vol. I, p. 201-1 

To his Excellency Benning Wentworth, Esq. Gapt. General & Governor in 
chiefe in & over his Majesty's Province of New Harap 1 " in New England. 
Humbly sheweth — y r Memorialist William Vaughan of Damriscotty in y e 

County of York, Gen* y* some time past, at y e Instance of his Excellency 

(1 ) P. — from pp. 159-161— the pages in the original Journal are not correctly marked. 
—Ed 

(2) " The person appointed to command the Expedition was William Pepperill, Esq. 
of Kittery, Me., colonel of a regiment of militia; a merchant of unblemished reputation, 
and engaging manners, extensively known both in Massachusetts and New Hampshire, 
and very popular. These qualities were absolutely necessary in the commander of an 
army of volunteers, his own countrymen, who were to quit their domestic connexions and 
employments, and engage in a hazardous enterprise, which none of them, from the highest 
to the lowest, knew how to conduct. Professional skill and experience were entirely out 
of the question ; had these qualities been necessary, the expedition must have been laid 
aside ; for there was no person in New England in these respects qualified for the com- 
mand. Fidelity, resolution and popularity must supply the place of military talents: 
and Pepperill was possessed of these. It was necessary that the men should know and 
love their General, or they would not enlist under him."— Farm. Belle, p. 271. 

(3) The above paragraph is crossed in the Journal of the House.— Ed. 

(4) " It has been said that the plan of the famous enterprise [against Louisburg] was first 
suggested by William Vaughan, a son of Lt. Gov. Vaughan of New Hampshire. 
Several other persons have claimed the like merit. How far each one's information or ad- 



298 PKOVLNCE OF NEW-HAMPSHIKE. [1745. 

William Shirley, Esq. Governor of y e Province of y e Massachusetts Bay, he 
came to this Government with Dispatches desiring y e assistance of this Gov- 
ernment in y e Intended Expedition against Cape Breton, y 1 y r Memorialist 
Intimated the same by a Memorial Praying y t this Gov* might vote subsist- 
ance for five hundred men. That he has been Biding y e Circuit in y e most 
settled Towns in this Province and is fully convinced y* y* number of men 
will appear to go Voluntiers ; That y e Province of y e Massachusetts Bay have 
Determined to have Eight large Vessels of Warr, and have Determined to be 
at a much greater Expence than Intimated by y r memorialist heretofore 
(besides guarding y e Coast y e year past and y r Intention to do the same this 
year) when at y e same time this Province is at no expense on y t account, 
That y r is certain news j t Connecticut Colony has voted a thousand men in 
this affair. 

Wherefore y 1 ' Memorialist on y e whole of this affair humbly Prays y l this 
Government may on due consideration of these affairs, Vote subsistance for 
five hundred men besides officers (y e Massachusetts Companys having fifty 
four men in each of them And ten such to a Regiment) The doing of which 
will be y e greatest Encouragement to said Government of y e Massachusetts 
Bay to exert themselves on all necessary occasions hereafter. And y r Memo- 
rialist (in behalf of s d Governm 1 ) as in Duty bound shall ever pray. 

Wm. Vaughan, 
Portsm March 7 th 1744. 



31: 


9: 


11 


16: 


2: 


6 


13: 


5: 






'Fry-day, March y e 8 th 1744 — Met according to adjournment. 

Voted That Coll. Gillman's (1) three Muster Rolls be allowed 
and paid out of the Treasury, out of the money raised by Tax 
for payment of soldiers, &c. 

Viz. One for 25 men from y e 25 th May, 1744, 
One for 25 men 12 days from June 13, 
One do. 20 men 14 days from June 26 & 30. 

Sent up by Mr. Stevens & Lock. 60 : 17 : 5 

Voted that the following Muster Rolls of Capt. Henry Sher- 
burne be allowed & paid out of the Treasury out of the money 
raised by Tax for payment of soldiers, &c. 

One for 11 men from y e 29 th May 1744 ) =(all on one sheet) 

One for 11 men from 14 June, 1744 [ £23 : 17 : 6 
One for 14 men from 5 July, 1744 ) 

One for 30 men from 23 July, 1744 = 38 : : 

One for 15 men from 29 th Aug. 1744 = 19 : 5 : 

Sent up by Mr. Stevens & Mr. Lock. 81 : 2 : 6 

vice contributed toward forming the design, cannot now be determined. Vaughan was 
largely concerned in the fishery on the eastern coast of Massachusetts. He was a man 
of good understanding, of a daring, enterprising and tenacious mind, and one who 
thought of no obstacles to the accomplishment of his views." After the capture of Louis- 
burg, in which Vaughan took a conspicuous part, he went to England to seek a reward tor 
his services, but was unsuccessful. He died in London, about the middle of December, 
1746. [See Farm. Belk. p. 269, and Farm, tf Moore's Coll. Vol. 2, pp. 161-165.]— Ed. 

(l)Most of the Muster Rolls mentioned in this portion of the Provincial Records, are 
found printed in full in Hon. C. E. Potter's Mil. Hist, of N. H., Adj. Rep., Vol. II, 1866, 
p. 54^-Ed. 



1745.] JOURNAL OF THE HOUSE. 299* 

Voted That Mr. H. Sherburnes Ace 1 amounting to the sum of 
3 : 18 : 9 in consideration of his serv es be allowed & paid out of 
the Treasury out of the money raised by Tax for payment of 
soldiers &c. 3: 18: 9 

Sent up by Mr. Steyens & Mi*. Lock. 

Voted That Capt. Jeremiah dough's muster Roll for twenty 
men amounting to Sixteen pounds twelve shillings & ten pence 
be allowed & paid out of the Treasury out of the money raised 
by Tax for payment of soldiers, &c. £16 : 12 : 10 

Sent up by Mr. Wear & Mr. Fabyan. 

Voted that Capt. Benj. Matthews his two muster Rolls amount- 
ing to thirteen pound lis. 6d be allowed & paid out of the 
Treasury out of the money raised by Tax for payment of soldiers 
&c. 

One Muster Roll for 9 men 12 days 5 : 9 : 6 

One Do for 11 men 12 days 8 : 2 : 



Sent up by Oilman & Lock. 13 : 11 : 6 

Voted, That Capt. John Gage's Muster Roll amounting to fif- 
teen pounds five shillings, be allowed & paid out of the Treasury 
out of the money raised by tax for paym* of soldiers, &c. 

Sent up by Oilman & Lock. 15 : 5 : 

The Secretary came & informed the House that his Exc 7 had 
adjourned the Geu 1 Assembly to Wednesday y e 13 curr*. 



Wednesday, March y e 13 th 1741 — Met according to adjourn- 
ment. It appearing to this House that Samuel Pease of New 
Market in this Province sometime in the month of January past 
did kill one grown wolf & send the head with both Ears to the 
Treas r but for want of proper certificates did not receive the 
premium therefor, & that afterwards when one of the selectmen 
of s d Town had cut off one of the ears of s d wolf, the head was 
lost, & that y e s d Pease never had anything therefor, & the s d 
Pease being bound as a volunteer in y e Exped n , 

Voted That he be paid out of the money in the Treasury for 
that end, the premium for killing a grown wolf. Sent up by Mr. 
Gilman & Lock. 

Whereas George Libby who was voted to be ComnnV on the 
Exped n ag st Louisburg refuses to go for the allowance made him 
by the Gen 1 Assembly, 

Voted That the Com tee for managing affairs relating to the Ex- 
pedition be Impowered to appoint & agree with a Commissary to 
go with the Forces on the Exped 11 as they may think most for 
the publick good. 

The Sec y came down & s d that the Council did not think it 



300 PBOVINCE OF NEW-HAMPSHIRE. [1745. 

would be nec y to send a Comis y with the vessels now, but that 
Capts of the Comp y8 should be Comis ys , & the House sent up Mr. 
Sherburne & Mr. Gilman to inform the Hon ble Council that inas- 
much as the House were Informed that the Com tee proposed to 
send two months provisions with the forces & as it was probable 
that in less than one month the Provisions would be landed in 
some place to be provided, when the House thought it would be 
absolutely necessary to have a Commissary to receive & deliver 
the provisions out & take care of them. 

The Sec y came down & s d the Council were unanimously of 
opinion that there was no need of a Commissary &c. 

The Sec y came down & s d his Exc y desired the House would 
proceed to the choice of a Com te to provide material to repair the 
Fort agreeable to a schedule laid before the House, &c. 

Mr. Sherburne & Capt. Thomson sent up to Inform the Hon ble 
Council that the House were Informed that the Com tee proposed 
to send down other stores for souldiers besides provisions &c. 
such as shoes &c. & that they proposed to follow the example oi 
the Mass a in y* matter as well as others, that there the Masters 
of the vessels were stewards for the men on board them & their 
own crew, & when they came to the place where the provision & 
stores were to be land they were to be delivered to the Commis- 
saries, therefore the House pray that the Hon ble Council will con- 
cur with their vote that the progress of the Expedition may not 
be stopped. 

Mr. Secretary came down & s d that he was directed by his Exc y 
& the Councill to inform the House that neither the House nor 
the Councill had any thing to do about appointing a Commissary, 
That the power was in the Governour & that the vote for a Com- . 
missary was not concurred with, but that if the House or Com tee 
would chose a person, the Gov r would give him a warr 1 . 

Voted That a message be sent up to pray that the message last 
brought down by Mr. Sec y may be sent down in writing. Mr. 
Wear & Mr. Philbrook. 

Mr. Sec y brought down with y e following message in writing — 
on hie — & s d it was y e afores d message in writing (1) & also s d he 
was directed by his Exc y to adjourn the Gen 1 Assembly to Tues- 
day y e 2 d day of April next & accordingly s d they were ad- 
journ'd &c. 



Letter from his Excellency Benning Wentworth Esq., Governor 
of New Hampshire, to Lt. General Pepperell. 

[Copied from MS. Corr. in Secretary's office, p. 203.1 

March 23 d 1744-5. 
Sr. 

I herewith transmitt to you a List of the Transports employ' d by this Gov- 
ernment for the service of the Expedition against the French at Louisburg, 

(l)This message cannot now be found.— Ed. 



1745.] JOURNAL OF THE HOUSE. 301 

also what Transports are employ'd to transport the one hundred & fifty men,, 
in the pay of the Massachusetts Government, which are aggregated to the 
Regiment, whereof I have appointed Sam 1 Moore, Esq. Colonel. Also I think 
proper to acquaint you that I have appointed Capt. Fernald Commander of a- 
Sloop fitted out by this Government, in a warlike manner, to annoy his Maj- 
esty's Enemies, and to guard and convoy the Transports. I have also ap- 
pointed the said Jn° Fernald a Capt of a Company in Col. Moore's Regiment- 
to act either by Land or by sea, as the service may require it. I have thought 
it necessary, in order to preserve the Command you are appointed to, that 
you have the intire command and disposition of the Regiment and Trans- 
ports, also of the Sloop of War, And I do hereby put the same absolutely 
under your command, hereby requiring them to obey you, as their Com- 
mander-in-Chief, and to follow such orders and commands as from time to-- 
time they or either of them shall receive from you. 
Sr — y r Hum: serv* 

B. Wentworth.. 



Province of N. Hamp r 

Portsmo' Ap r y e 2 d , Tuesday, 1745, Met according to adjourn- 
ment. 

Voted that Clement March, Esq. & Mr. Meshech Wear go & 
inform his Excellency the Governour that there is a House : who 
waited upon his Exc y & Return'd & informed the House his Exc' 
would attend them at 3 o'clock in y e afternoon, whereupon at one 
o'clock the House adjourned till three. 

Afternoon — Met according to adjournment. At 20 min ts p l 4 
o'clock, Geo. Jaffrey Esq. came into the House & delivered some 
papers to the Speaker viz. A copy of an order of his Maj ty in 
Council relating to Fort Dummer with a vote of y c Prov: of 
Mass. therein & a letter from Gov r Shirley of y e 25 th July past, & 
told him that his Exc y desired the House would come to some 
speedy Resolution about them, that his Exc y might transmit y ft 
same to his Maj ty by the Fleet ve 88 he expected would sail to 
morrow. 



DOCUMENTS RELATING TO FORT DUMMER. 

No. 1. 

Order of the King in Council. 

[Bound up with "Governor's Commissions," in Secretary's office.] 

At the Court in Kensington the 6 th of September, 1744 
Present: the Kings most Excellent Majesty in Council. 
Whereas William Shirley Esq. his Majestys Governor of the Province of the- 
Massachusetts Bay, hath by his letters to the Lord President of the Council, 
and to the Duke of New Castle, one of his Majestys principal Secretarys of 
State, which have been laid before his Majesty at this Board, complained of 
his Majestys Province of New Hampshire for neglecting to take possession of, 
and to provide for a fort called Fort Dummer, which was built by the Massa- 
chusetts Government about twenty years since upon the western frontiers of 
that Province and had been hitherto garrisoned by them, but is lately fallen 



302 PROVINCE OF NEW-HAMPSHIRE. [1745. 

within the limits of the said Province of New Hampshire, by the settlement 
-of the boundary line between the two Provinces and which Fort is repre- 
sented by the said Governor to be at this time of very great consequence to 
all his Majesty's subjects in those parts, in regard it is situated within three 
or four days march at farthest from a very strong Fort, built within these few 
years by the French at Crown Point, which will be a place of constant re- 
treat and resort for the French and Indians in all their Expeditions against 
the English settlements ; and therefore requesting that his Majesty will be 
graciously pleased to give such directions in relation thereto as may prevent 
the said fort from falling into the hands of the enemy ; The Massachusetts 
Government not thinking themselves obliged to provide for a Fort which no 
longer belongs to them; His Majesty in Council this day, took the same into 
consideration, together with a report made thereupon by the Lords of the 
Committee of Council, and hath been thereupon pleased to order that the " 
said Fort and garrison thereof should be supported and maintained, and that 
the Governor or Commander in chief of New Hampshire should forthwith 
move the Assembly, in his Majesty's Name to make a proper provision for 
that service, and at the same time inform them that in case they refuse to 
comply with so reasonable and necessary a proposal, his Majesty will find 
himself under a necessity of restoring that Fort, with a proper District con- 
tiguous thereto, to the Massachusetts Bay, who cannot with justice be re- 
quired to maintain a fort no longer within their boundaries: and that the 
said Governor should transmit to his Majesty at this Board, with all conven- 
ient speed, an account of his proceedings, together with the final resolution 
of the Assembly thereupon. But his Majesty, considering the importance of 
the said Fort, and the great mischiefs that may happen to his subjects in 
those parts, in case the same should in the mean time fall into the hands of 
the enemy, doth therefore think it proper hereby to ordec and require the 
Governor of the Massachusetts Bay to represent to the Assembly of that 
Province the necessity of continuing to provide for the security of Fort Dum- 
mer until a final answer can be obtained from New Hampshire, and his Maj- 
esty's pleasure be farther signified therein (1). 



No. 2. 
Report of the Lords of the Committee of Council, &c. 
[Bound up with " Governor's Commissions," in Secretary's office.] 

At the Council Chamber, Whitehall, the 29 th of August, 1744. 

By the Right Honourable the Lords of the Committee of Council for Plan- 
tation affairs. 

Your Majesty having been pleased by your order in Council of the 9 th of 
this Instant to referr unto this Committee two letters from William Shirley, 
Esq. your Majesty's Governor of the Province of the Massachusetts Bay to 
the Lord President of the Council, and to the Duke of New Castle one of 
your Majestys Principal Secretarys of State complaining of your Majestys 
Province of New Hampshire for neglecting to take possession of, and to Pro- 
vide for a Fort called Fort Dummer which was built by the Massachusetts 
Government about Twenty years sinCe upon the then Western Frontier of 
that Province and been hitherto Garrisoned by them — But is lately fallen 
within the limits of the said Province of New Hampshire by the settlement of 
the Boundary Line between the two Provinces, and which Fort is represented 
by the said Governor to be, at this time, of very great consequence to all your 
Majestys subjects in those parts, in regard it is scituated within three or four 
days March, at farthest from a very strong Fort, built within these few years 

(l) The foregoing paper is printed in Potter's Military History of N. H., Adj. Gen. Rep., 
VoL, 2, p 122, 1866.— ED. 



1745. 



JOURNAL OF THE HOUSE. 303 



by the French, at Crown Point, which will be a place of constant Retreat 
and Resort for the French and Indians in all their Expeditions against the 
English settlements and therefore requesting that your Majesty will be gra- 
ciously pleased to give such Directions in relation thereto as may Prevent the 
said Fort from falling into the hands of the Enemy — The Massachusetts 
Government not thinking themselves obliged to provide for a Fort which no 
longer belongs to them, The Lords of the Committee, in obedience to your 
Majesty's said order of Reference, have taken the same into their considera- 
tion, together with a Report made thereupon by the Lords Commissioners for 
Trade and Plantations, and agreeing in opinion with what is proposed by the 
said Report, Do humbly offer to your Majesty, That Fort Dummer and the 
Garrison thereof should be supported and maintained, and as the same is 
now within the District of New Hampshire, That the Governor of that Prov- 
ince should be directed, in your Majestys name, to move the Assembly to 
make a proper provision for that service, and at the same time to inform the 
Assembly that in case they refuse to comply with so reasonable and necessary 
a Proposal, your Majesty will find yourself under a necessity of restoring 
that Fort with a proper District contiguous thereto, to the Province of the 
Massachusetts Bay, who cannot, with justice, be required to maintain a Fort, 
no longer within their boundarys, and that orders may be sent to the Gov- 
ernor of the Massachusetts Bay directing him to represent to the Assembly 
of that Province the necessity of continuing to provide for the security of 
Fort Dummer till a final answer can be obtained from New Hampshire, which 
your Majesty's Governor of that Province may be required to obtain, without 
loss of time. 



No. 3. 
Copy of a letter from Governor Shirley to Governor Wentworth. 

(Found in Secretary's office, bound up with " Governor's Commissions, "&c.J 

Boston, Feb- V 25. 1744. 
Sir 

I was loth to Divert your Excellency with any new Bnsiness, from the 
Great & important affair of the expedition, which, together with the close ap- 
plication of my own mind to that affair, are the Reasons that I have not In- 
form'd you that I have receiv'd an order of his Majesty Relating to the Garri- 
son at Fort Dummer, — a copy of which I now send you ; By which you will 
find that his Majesty Expects that the Province of New Hampshire within 
the Bounds of which that Fort lies, should support it, and that he will upon no 
terms consent to the evacuating of it; and therefore has ordered me to move 
our General Court to be at the charge of maintaining the said Fort for some 
short time till your Government shall come to a resolution upon this point. 
Accordingly upon my Recommendation the General Court here have provided 
for the pay & subsistance of the Garrison there for three months from the 
twentieth of January last, as you will find by a copy of their vote, which I 
now send you, Beyond which time I have no Expectation that they will bur- 
then the People with the charge of supporting a Fort within the District of 
another Government. 

The affair being in this Situation, I must pray your Excellency to come to a 
speedy Resolution herein, that so his Majesty's expectations may not be frus- 
trated. I am now ready to Deliver up this Fort into your hands, upon you 
having a Garrison ready to take possession of it, as I offered you the last 
Spring ; you will please to give me your answer as soon as possible that so his 
Majesty's service may not be prejudiced by any Delay, and that I may make 
Return to his Majesty upon this order. 

I am Sir Your Excellency's most obedient 

Humble Servant, 

His Excell v Gov. Wentworth. W. Shirley. 



304 PROVINCE OF NEW-HAMPSHIRE. 11745.. 

No. 4. 
Vote of the House of Representatives, in Massachusetts, relat- 
ing to Fort Dummer. 

[Found in Secretary's office, bound up with " Gov s Commissions."] 

Province of the Massachusetts Bay. 

In the House of Representatives, Jan. 9, 1744-5. 

The Gov rs Message of the 8 th inst. accompanying the order of his Majesty 
in Council, respecting the- State of Fort Dummer, having been read to the 
House, It is thereupon unanimously Voted, That in consideration of the 
great Danger there is that the said Fort may fall into the Enemy's hands, and 
the Inhabitants from Contocook to Connecticut River be all Drove from their 
settlement, notwithstanding the forces that are maintained by this Province 
in scouting within those limitts, The Capt. General be desired to cause the 
same number of officers and men as were in the last Establishment at said 
Fort to be inlisted and there posted, & that the same allowance as before be 
made for their wages & subsistance for a term not exceeding three months, to 
commence the 20 th of this month, Provided that this vote or Grant shall not 
be Deemed or urged as a precedent for this Governments taking into their 
pay at any time hereafter this fort or any other fort which may serve as a. 
Protection to any Inhabitants or Estate the Jurisdiction whereof is claimed 
by any other Government. 

Sent up for Concurrance, 

T. Cushing, Speaker. 

In Council, Jan^ 9 th 1744-5. Read & unanimously concurred. 

T. Willard, Sec^ 
Consented to 

W. Shieley. 



Voted That Mr. Wear & Mr. March wait upon his Exc y & 
pray him to order Mr. Hazen's plan of the Province to be laid 
before the House; that they pray the Hon ble Council to Inform 
the House if their vote about choosing a Recorder & also a 
special act to enable the Judge of Probates to settle some Estates 
&c. are passed upon. 

The Secretary came down and Informed the House that his 
Exc y would order the plans to be laid before the House in the.' 
morning, but desired that the House would come to a Resolution 
on y e above mentioned papers, for the man of Warr was off of 
the Harbour & had sent in for the mast ships to come out to him,. 

Sometime after the Sec y brought Mr. Hazen's plan into the 
House. The House adjourn'd till tomorrow half past nine. 



Wednesday, y e 3 d of April 1745, met according to adjournm 5 - 

Voted That Mr. Wear & Mr. Philbrook wait upon his Exc r &> 

Inform him in answ r to his Message by Mr. Jeffrey that the 

House look upon y e subject matter of the s d Message to be of too 



1745.] JOURNAL OP THE HOUSE. 305 

great Importance to be hurried over suddenly & therefore have 
ordered that it should lay for consideration. 

Mr. Secretary came down & informed the House that his Exc y 
apprehends it will be of dangerous consequence to let the affair 
lay for consideration, that he apprehends Massachusetts have 
wrote by these ships & would be glad to have something to write 
by them on y e affair. 

Upon w ch considering the very shortness of the time they have 
to consider of the affair in, when Gov r Shirleys letter laid before 
the House was dated y e 25 th ' of Feb y last, &c. 

Voted that the matter lay for consideration. 

The Secretary came down & said that his Exc y kept y e Council 
sitting in hopes of having something to send by these ships & 
further pressed the matter. Upon w ch 

Voted, That the following message be sent up to his Exc y the 
Gov r in answer to his message by Mr. Secretary Atkinson Re- 
lating to his Maj tys order in Council about Fort Dummer, w cb was 
laid before this House on y e '2 d curr 1 4 o'clock afternoon. 

May it please your Excy, 

Your Excy was pleased to inform the House by Mr. Secretary Atkinson 
that it would be of dangerous consequence to let the affair Relating to Fort 
Dummer lay for consideration; upon w ch we would observe that his Exc^ 
Gov 1 ' Shirley's letter to your Exc^ is dated y° 25 th of Feb}' & wee suppose it 
came to your Exci' s hands in a few days after the date. Now as your Exe^ 
thinks it of such dangerous consequence to delay this matter, it is truly 
matter of great surprise to this House that your Exc- V should keep papers 
relating to an affair of such Importance (w dl your Exc? thinks the taking 
proper time to consider of might be of dangerous consequence) so long a 
time without communicating them to tins House & especially when wee 
observe that his Maj^ 8 directions in Council is that your Exc>' should forth- 
with move the Assembly, &c. Wee think it very unreasonable that when 
wee suppose your Excy has had above thirty days to consider & think of the 
matter in, that this House should be urged to come to a Resolution on a 
point in a few hours w' h must necessarily take them many days to inquire 
into the advantages & disadvantages of, & therefore think that in duty to his 
Maj l y and the people they Represent they ought to take time to consider of 
the matter before they come to a Resolve. 

The Secretary then came & told the House that his Exc y had 
adjourned them till five of the clock in the afternoon. 

[p. 161.] 5 o'clock, Met according to adjournment. 

Cyprian Jeffrey being brought into the House agreeable to y e 
order to answer to the complaint of Coll. Thomas Wallingford 
acknowledges himself to be in fault & declares that he had no 
designs to affront the House nor Coll. Wallingford & praying 
the forgiveness and Col. Wallingford declared himself to be sat- 
isfied. " 

Ordered that he be dismissed paying costs. 

Mr. Secretary brought down a written message from his Exc 7 
w ch was read & Mr. Speaker Rogers & Mr. Hen. Sherburne jun. 
appointed to prepare an answer to the s d message. 
20 



306 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Governors Message. 

[Copied from MS. " Gov rs Messages," in Secretary's office, Vol. I, p. 341.] 

Gentlemen of the Assembly 

Your Message of this day is not the first instance wherein you have trifled 
with the prerogative & Royal orders laid before you, treated the King's Gov- 
ernor in terms unworthy to be repeated from the Chair, and in language un- 
becoming an address to an Inferior. 

Indignitys of this nature can never reach me, but must centre on their 
Authors. But it gives me the greatest concern that the Council office must 
bear the Records of your conduct herein, which must appear before nicer 
Judges than I pretend to be. 

I endeavor to persuade myself that these Messages may be calculated by 
some, but can't be the genuine sentiments of the whole House, who I flatter 
myself would have been disposed to treat the King's Governor with more 
decency and greater Respect, had they been fully apprised of the diction and 
Maturely deliberated on the Materials they were built with. 

I have with great Industry attended yesterday & to day for a resolve of 
your House on his Majesty's orders in Council of the G th of Sept. respecting 
Fort Dummer, which if you finish the men of war being in Port I shall have 
the pleasure to transmit to his Majesty. 

You have now time to save the most valuable part of this Province, which 
if lost by your neglect, in refusing now to obey his Majesty's Commands, I 
am clear of this charge and the blame must be wholly with you. 

B. Wentworth. 
Council chamber 
in Portsm 3 d April, 1745. 

Mr. Secretary came & adjourned y e Gen 1 Assembly to Monday 
10 o'clock, by order of his Exc y . 



Monday, April y e 8 th 1745. Met according to adjournment. 
The Com tee appointed to prepare an answer to his Exc y message 
of y e 3 d curr* bring an answer prepared into the House, w ch is 
read in the House — as on file. 

Voted, That it be sent up & a copy kept on file or entered on 
y e Journal. 

Answer of the House, <&c. 

[Copied from MS. " Gov rs Messages," in Secretary's office, p. 343.] 

Province of N. Hamp r 

In the House of Representatives, April 8 th , 1745. 
Voted, That the following Message be sent up In answer to his Excellency^ 
Message of y e 3 d cun 4 . 

May it Please your Excellency, 

Your Excellency's last message to us of y e 3 d Inst, containing very severe 
tho' groundless Reflections on this House, we trust your Excellency will not 
take amiss that we vindicate ourselves therefrom. Having found by our own 
experience, in the little time we have been concern'd with the Publick affairs, 
the Inconvenience of hurrying over things of Importance, & this of Fort Dum- 
mer being far from a trifling affair, we thought it highly proper to Defer for 
some time coming to a Resolve upon it. How the Prerogative is concerned 



6 



1745.} JOURNAL OF THE HOUSE. 807 

in this affair, we don't so throughly understand. But as to the Royal orders 
Directed (not to us) to your Excellency, forthwith to move the Assembly, &c. 
We were so far from trifling with them, as your Excellency is pleased to term 
it, that we took the only possible method we could think of to pay them a 
proper Respect; for, that supporting Fort Dummer would be attended with a 
very great charge, was obvious at the first view. But we could not so easily 
discern the advantages that would arise therefrom, nor how a Fort so situated 
would be of any, the least service to our Frontiers ; Had we therefore Deter- 
mined while things appeared in this Light, must it not necessarily have been 
in the Negative ? But because we know not but that there might sufficient 
reasons appear hereafter, to Determine us another way, & because we tho't 
it would be shewing a greater Regard to what came Recommended from his 
Majesty, therefore we determined to defer coming to a final Resolution for 
«ome farther time. This being the conduct of the House in this affair, & the 
Royal orders having been so long in your Excellencys hands, notwithstanding 
you are therein directed forthwith to move the Assembly &c. & notwith- 
standing there were so many opportunitys for it in the whole month of 
March; we are very free to Leave it to those nicer Judges your Excellency 
referrs to, to Determine to whom the Reflection of trifling properly belongs. 
Under this head we only farther add, that altho' your Excellency is pleased 
to say that this is not the first instance &c. Yet as your Excellency has 
mentioned no other & we know of none at all, we confine our answer to 
this. 

The next thing your Excellency thinks proper to animadvert upon is the 
Terms & Language made use of in our last M< sss ige, t\: very indecent they 
must have been to deserve the gross Reflections your Excellency has cast 
upon them: But inasmuch as your Excellency has not tho't proper to 
descend to particulars, we can only say that on a review of our said message, 
we have not as yet been able to find out what it is your Excellency refers to, 
possibly the subject matter of said message may be desagreeable to your Ex- 
cellency, & by that means the terms Language or Diction (as your Excellency 
Pleases to call it) may appear so. Upon this supposition we tike leave to 
observe to your Excellency, that it always has been the professed & (as far as 
we could Judge y 8 ) real Determination of the whole House, to treat your 
Excellency with all proper Decency & Respect. But this notwithstanding, 
we think ourselves at Liberty fully & Freely to Remonstrate ag s1 any part of 
your Excellency's publick conduct, which we apprehend affects the Privileges 
of the House or the People we represent: In doing of which we shall not 
think ourselves obliged to use the Language of Slaves to an arbitrary Lord, 
But that of Freemen, & the Representatives of Free men, to one of the 
King's Governors, who however much he may be exalted above us by the 
Honour he receives from his Majesty's Commission, is yet liable to mistakes 
& Errors in his conduct & may do wrong tho' his Royal master cannot. 

In another part of your Excellency's message you intimate that the mes- 
sages sent up to your Excellency are not the genuine sentiments of the 
House — a Reflection very severe & ungrounded. But inasmuch as we fully 
join with your Excellency in that part of your message wherein you signify 
to us that any Indecency in Language or Behavior centers on its author, we 
shall say no more on this head, but that we are so fully persuaded of our Tn- 
nocency, The Unjustness of your Excellency's Reflections on us & the reason 
we have to complain of your Excellency's behaviour to us, that we are will- 
ing to be at the Expence of printing the whole Transactions of this House or 
that part only which relates to Fort Dummer, if your Excellency should 
choose it, & if not we are content to omit publishing any thing, unless it 
should hereafter become necessary for our own vindication, in which case we 
hope to be Excused tho' it should be contrary to your Excellency's Inclina- 
-ation. 

Your Excellency towards the latter part of your last message, Informs us 
that you have with great Industry attended yesterday & to day for a Resolve 
<fec. The plain English of which is, (for in our own vindication we must 
apeak it) that we have had about 5 or 6 hours to determine on so weighty an 
affair, & in the mean time three of your Messages urging our coming to a 



308 PROVINCE OF NEW-HAMPSHIRE. [1745.. 

Resolution upon it, that your Excellency might send the same by the Fleet,, 
part of which was under sail, and the man of Warr Expecting them, Ready 
to Leave the Coast at the very time some of the messages were sent. This 
is one among other Instances we might mention, wherein your Excellency's 
conduct towards us is matter of just complaint, & the rather, inasmuch as it 
is plain to us, that our most Gracious Sovereign, always tender of the privi- 
leges of his subjects, ever designed to allow us sufficient time to consider of 
this matter, as appears by his Directing your Excellency forthwith to propose 
it to our consideration, and his Excellency Governor Shirley, to move the 
Assembly of that Province to provide for the said Fort, till the Assembly of 
this had Resolved what to do. 

In the last Paragraph of your Excellency's message there seems to be an 
intimation tbat your Excellency is acquainted with the meaning of the words 
(proper District) in the Royal Orders of September y e 6 th past. If so we 
should be glad your Excellency would be pleased to inform us, & by that 
means, what is meant by the most valuable part of this Province, & if your 
Excellency would also please to let us know what advantage the supporting 
that Fort would be to our Frontiers, or give any light Relating to the affair 
before us, & attend with a little patience, if we can't see things so quick as 
some others ; we should hereby be the better Enabled to pass a right Judg- 
ment in an affair of such Importance. But in the mean time must say, that 
if any part of the Province should be lost for want of a Resolve of this House, 
to go by the Fleet now in Port waiting for a wind, the Blame must not lay on 
this House but must wholly lay where his Majesty's Royal Order in Council 
Lay at the month of March. 

N. Rogers, Speaker. 

Voted, Mr. Meshech Wear & Eleazer Russell Esq. be a Com tett 
to joyn with Mr. Henry Sherburne jun. to print & publish the 
whole or any part of the Journals of this House which they think 
proper. The House adjourn'd till tomorrow half past nine. 



Letter of Andrew Wig gin, Esq. to the Assembly, April 8th 1745- 

[Copied from MS. Corr. in Secretary's office, Vol I, p. 233.] 
To the Hon ble Assembly of this Province of New Hampshire now convened,. 
Worthy Gentlemen, 

I have bin informed that the Massachusets has complained to the King 
against this Province for that we don't take care of Fort Dummer, to defend 
it against the French, and the King has sent to the Government of this Prov- 
ince speedily to take said Fort under their protection or he will give it to the 
Massachusetts with a considerable quantity of Land with it; and I am also 
inform'd that you are Inclin'd to give it up becaus of the great distance it is 
from here, and the great charge it will be to keep it. Now Gentilmen, I pray 
you to consider the consequences of giving it up as well as the charge of 
keeping it. 

In the furst place it will be very Dishonorable to the Province and a slite of 
the King's favour altar ten yeares hard strugel with the Expence of nere 
Eight thousand pounds, and nere five hundred pounds more for running the 
Lines. And again, call to mind that the charge above said is laid on that 
part that was recovered from them as well as the other part of the Province, 
and they pay'd nere a thousand pounds last year, and now the Line is settled 
and all that peopel conform to the Government of this Province and have 
takened of the Loane money which may be dificult recovering if the Line be 
altar'd : And again, thirdly, you have past a bill for the Emitting fifty twa 



1745.] JOURNAL OF THE HOUSE. 309 

thousand pounds (1) old currence to be paid in again sum time hence, which 
that part that you will Loose if you give up Fort Dummer would have pay'd 
twelve thousand pounds of it for I am Intiarly of that mind and it neaturely 
follows, that if you refuse that forte and the King returns that forte to them 
again that the Masechusetts will plead to have that returned to them again 
that the Line toock from them to support the charge of the Fort with — 
which you have in your power to convert the same way if you don't give it out 
of your hands — and now the Governars Salary is seteled, and if you give 
away half the Province he nor any that shall com altar wont abeat(2) one 
mit but will return on you that it is your own act — now pray Gentihnen, 
Consider what you Do in that affair, for what you Dou in giving it up will be 
binding forever, and it will be out of the power of the rising Generation to 
helpe themselves t— for I am fully of the mind that that part of the Province 
you will Luse if you give up that fort, if it be peace in twenty years will be 
biger than all the province besides is now. Gentilmen, it is Daingers refusing 
the Kings offer, for we Cant make a bargain with him and say we will take 
this and refus that but he can say if you will not take it as I offer, you shall 
to your old bounds and it will be in vain for us or ours to try to helpe our- 
selves here aftar. I am of the mind that what we have recovered from them 
if it be all converted to that use will very neere pay the charge of that forte, 
and we are in hopes the war will be over in a little time and then the charge 
Sese Pray pardon the boldnes of your most Humble Sarvant. 

And r Wiggin. 
Ap 1 y e 8 th 1745. 



Tuesday, April the 9 th 1745. The House met according to ad- 
journm* and the above voted message [Answer to the Gov" mes- 
sage] sent up to his Exc y by Mr. Frost & Mr. Lock. 

Voted, That Mr. Gideons go to the Secretary for a copy of the 
vote or act whereby James Clarkson Esq. &c. were appointed a 
Oom tee to Repair Fort Wm & Mary agreeable to y c act for Emit- 
ting £25000. 

[p. 162.] Voted That the following Muster Roll of Capt. Jer- 
emiah Clough (3) be allowed and paid out of the money in the 
Treasury for that end, viz. 

6 men 3 months, from 26 th 7 br to y e 18 th Dec r 1744, 

wages ........ £24: 0: 

y e victuals 18: 18: 

Also another acc t for dyet g 7 other men since June 

last 5: 12: 6 

Mr. Secretary came down & his Exc y sent to know if the House 
had any thing ready to come up this forenoon. Mr. Wear sent up 
to inform his Exc y that the House had nothing ready to send up 
this forenoon. 

The House adjourn'd till three of the clock in the afternoon. 

P.M. Met according to adjournment. Inasmuch as the Re- 
port of the Com tee of Muster Rolls has not been sent into this 
House by the Hon ble Council, 

(1) £52,000 old Tenor is equal to £13,000, new Tenor— Ed. 

(2) Abate ? 

(3) See Potter's Mil. Hist. N. H., Adj. Gen. Report, 1866, Vol. II, p. 56.— Ed. 



310 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Voted, That Coll. Gilman & Mr. Wear Examine into the Grants, 
of men in y e year past & compare them with the Muster Rolls & 
make Report to this House to morrow morning, how far they 
agree. 

Whereas it appears to this House that James Clarkson, Esq. 
and Mr. Jotham Odiorn had the Inspection and management of 
the Repairing his Maj tys Fort William & Mary & whereas George 
Jeffrey, Theod. Atkinson, James Clarkson, Esqs. & Mr. Jotham 
Odiorn were appointed a Com tee to Inspect & manage the further 
Repairs of s d Fort according to a clause in the act of £25000 loan, 

Voted that the s d James Clarkson Esq. & Mr. Jotham Odiorn &■ 
the s d Com tee be desired to make Report unto the Gen 1 Assembly 
as soon as may be of what they have done towards the Repairing 
of s d Fort & lay their acc ts before this House. Sent up for con- 
currence, Wednesday morning, Ap. y e 10 th by Mr. Gilman & Mr.. 
Levit. Adjourned till to morrow nine o'clock. 



Wednesday April y e 10 th 1745, Met according to adjournml 
Coll. Gilman & Mr. Wear who were appointed last night to in- 
quire into the grants of men & Report, as on file: 

[p. 163.] That the Muster Rolls (exclusive of what men have 
been kept at Fort Wm. & Mary) exceed the grants 625 days, & 
that there has been kept out on y e Western side of Merrimack 
River men to y e am of 2050 days more than they could find 
grants for. 

Voted That the s d Report be Received & accepted. 

Samuel Palmer Esq. brings an ace 4 into the House for 12 1-2 
bb. powder supply'd y e Prov: & dd Coll. Wingat, am to 1 : 17: 6 

Voted, That the s d ace 1 be allowed & paid out of the money in 
y e Treasury for defraying the charge of the Government. Sent 
up y e 12 th by Mr. Fabyan & Lock. 

The Secretary came into the House & said his Exc y & the 
Council sent him to inform the House that the ace 1 for Repairing 
of the Fort should be laid before the House in the afternoon. 

Voted That Mr. Speaker Rogers, Mr. Wear, Mr. Sherburne, Mr.. 
Gideons & Mr. Frost be a Com tee to draw up a Resolution of this 
House on his Exc ys message of y e 2 d currant w ch was accompanied 
w T ith a copy of his Maj tys order Relating to Fort Dummer & his 
Exc y Gov r Shirley's letter of the 25 th February & also to draw up 
& make a proper Representation thereof & address his Maj ty 
thereon. 

The Question being put in the House by yeas & nays whether 
this House will at present Receive & support Fort Dummer there 
were but two yeas, two in doubt, & Eleven nays. 

The House adjourned for two hours. 



1745.1 JOUKNAL OF THE HOUSE. 311 

P. M.Apr. 10: 1745. 

Prov: N. Hamp r . Whereas George Jaffrey, Theodore Atkin- 
son, James Clarkson, Esqs. & Mr. Jotham Odiorne were appointed 
by the General Assembly to be a Committee to make further lie- 
pairs on his Majestys Fort William & Mary, agreeable to the 
clause in y e act for £25000 Loan, in which Act £2500 part of the 
Interest of said sum is appropriated to that use to be under the 
Inspection, management of such Committee or Committees as 
should be appointed by the General Assembly: 

[p. 164,] Voted, That the money which shall be paid into the 
Treasury for Interest of the said sum of £25000 (His Excellency 
the Governors Salary & the money borrowed from other Funds 
being first paid) be applyed to the Repairs of his Majesty's Fort 
William & Mary agreeable to said act until the sum appropriated 
for that use be expended; That deducting what the said Commit- 
tee have already expended for that use, the remainder of s d sum 
of £2500 be paid into the said Committee's hands as it shall come 
into the Treasury, by his Excellency the Governor's warrant with 
advice of y e Council, to be by said Com tce applyed to the use 
afores d ; That what is now in the Treasury of said Interest money 
be forthwith paid to said Committee as part of the said sum of 
Two thousand five hundred pounds & that the said Comm tee do 
forthwith proceed to provide proper materials & make such Re- 
pairs on & in his Majestys Fort as they shall think necessary & 
convenient (agreeable to the afores d act) for the Defence of this 
Province & the Better Receiv g & Securing His Majesty's Royal 
Bounty of Stores which are soon Expected & that they be ac- 
countable to the Gen 1 Assembly for such sum or sums of money 
as they shall Receive from time to time & Render their acc ts when 
Required. 

Sent up for concurrence by Mr. Fabyan & Mr. Tompson. Ad- 
journed till to morrow nine o'clock. 



Thursday April 11 th 1745. Met according to adjournment. 

Voted, nemine contradicente, that his Exc y the Governour be 
desired to direct the Secretary to lay a copy of his Exc ys Commis- 
sion before this House as soon as may be. 

Sent up by Mr. Frost & Mr. Lock. 

Whereas there have been several allowances made and others 
applied for to this House for the support & pay of the Indian 
Christo (I) & this House being apprehensive that it may be of 

(l)Christo was supposed to be a friendly Indian. He had resided at Amoskeag (now 
Manchester), but being suspected of joining with his countrymen in the light at Pig- 
wacket, certain people from Haverhill and Dunstable came to Amoskeag and, not finding 
Christo at home, burned his wigwam. After this Christo became a wanderer, occasionally 
employed by the government, and then again taking part with his countrymen. He 
went to St. Francis and took part with the Indians in depredations at Epsom and Canter- 
bury. He was alive in 1757, and probably died at St. Francis. His wigwam was upon a 
email brook upon the east side of the Merrimack, just below the Falls of Amoskeag.— Ed. 
[See Potter's Hist, of Manchester, pp. 98-100; also, Mil. Hist., Vol. II, pp. 56, 57.] 



312 PROVINCE OF NEW-HAMPSHIKE. [1745. 

very dangerous consequence to help him any longer at Canter- 
bury now the season of the year advances when if this Christo 
has any Treacherous designs to perpetrate he may be Instrumen- 
tal of destroying all the people where he is, 

Voted That this Province be not at any further charge about 
the support & pay of the s d Christo unless he be kept at his Maj- 
esty's Fort William & Mary. 

[p. 165.] Mr. Solly Brought down several Petitions, viz. Dan- 
iel Meaders Petition, Stoodly & Whiddens, Do. Rindge's Do. 
Greenleaf, Do. Barthricks, Do. 

The Sec y came down & s d that his Exc y did not propose that 
the Gen 1 Assembly should sit to-morrow being Good Fryday, 
unless there was something Extraordinary to require it. If there 
was any thing Extraordinary to Require y e sitting, they should 
sit. 

Voted, That the following message be sent up in answer to his 
Excy s verbal message by the Secretary as above. 

May it Please your Excy — The House have the affair of Fort Dummer 

under consideration, & for want of some further light w ch the House hope to 

have (partly from your Exc^ in answer to y e House's messages) wee think we 

shall not be able to come to a Resolution about it to day. Sent up in writing 

' by Mr. Lock & Mr. Tompson. 

Adjourned till three of the clock, by order of the Speaker. 

Met according to adjournment, p. m. Ap. 11 th . 

The Secretary came down to know what further Light the 
House Expec d about Fort Dummer from his Exc y . The Speaker 
told him any that his Exc y would be pleas'd to give ; That his 
Exc y intimated in his message that he knew what was ment in his 
Maj tys order by the words proper District, w ch the House would 
be glad to know also, that they pray'd to have a copy his Com 11 &c. 

Mr. Secretary came down again & s d his Exc y understood by 
the papers that the District would be from the W Line to Conto- 
cooke, w ch would be ab* 50 mile square & that his Exc y was pre- 
paring a copy of the Com 11 to send down. 

Voted, That his Exc y y e Capt. General be desired to Inlist or 
Impress sixty five good effective men to be by him imployed in 
his Majestys service for two months, at twenty five shillings pr 
month ; twenty of the s d sixty five men to be posted at his Maj tys 
'Fort William & Mary, thirty of the s d sixty five men to be im- 
ployed for the guarding of the Frontiers of Rochester & from 
thence to the River Merimack, & the Remainder of y e 65 men 
being fifteen, to scout on the Frontiers on y e west side of y e river 
Merimack. Adjourned till to morrow nine clock. 



1745.] JOURNAL OF THE HOUSE. 313 

[p. 166.] Fryday April y e 12 th 1745. Met according to ad- 
journment. Several debates in the House on his Excy 8 message 
with Resp* to Fort Dummer, but for want of a copy of his Exc ys 
Comm 11 the House proceed to other business. 

Voted, That Philip Conner be allowed thirty five shillings in 
full for accompt for carrying Expresses to sund y places as by the 
sheriff certificate appears, to be paid out of the money in the 
Treasury, (by y e £13000 act) for present & unforeseen charges of 
the warr. Sent up for concurrence by Mr. Fabyan & Mr. Lock. 

Voted That every Express to Boston & back again on his Maj tys 
service be allowed fifty shillings & no more upon bringing a Cer- 
tificate from the Sheriff or Sec y of their being so employed. 

Voted, That there be allowed & paid out of the Publick Treas- 
ury to every one of his Maj tys Council for this Province & to every 
member of the House of Representatives for each day they sit in 
General Assembly, the same allowance that was made the Council 
& Representatives in a vote of the Gen 1 Assembly passed & as- 
sented to by his Excellency the Governor, March 27 th 1742, for 
their service y e three last years past, the time to commence from 
y e 24 th day of Jan y last past being the first day of the sitting of 
this present Assembly, & that each Councillor & Representative 
be paid out of the Publick Treasury, for their Travail from & to 
their respective places of abode in coming to & going from the 
Gen 1 Assembly, on every adjournment, Prorogation, or Dissolution, 
three pence pr mile, except it be of such short adjournment as 
are from day to day or from Saturday to Monday, & that the 
afores d allowance be in full for their service in Gen 1 Assembly & 
Travail as afores d any Law usage or custom to the contrary 
thereof notwithstanding, The Councillors to be paid out of the 
Treasury on Certificate from y e Secretary, & the Representatives 
to be p d likewise out of the Publick Treasury on Certificate from 
y e Clerk of the Assembly, And that the Clerk of the Assembly 
for the time being be p d three shillings pr day for each day he 
shall attend on y e Assembly, for his service as Clerk, to be p d out 
of the Treasury as afores d , The payments to continue for three 
years from the first day of this present session & no longer. Sent 
up for concurrence in the afternoon by Capt. Gilman & Mr. Wear. 
Adjourned till three. 

Fryday afternoon, Ap. 12, 1745. Met according to adjourn* all 
but y e Speaker, & he being on y e Business of the House, Voted, 
That Maj. Stevens be Speaker pro tempore. 

[p. 167.] The Secretary bringing his ace 1 into the House for 
paper &c. for the use of the Province, amoun g to £4: 18: 

Voted, That the s d ace 1 be allowed & paid out of the money in 
the Treasury for Contingencies. Sent up for concurrence by Mr. 
Fabyan & Lock. 

The Petition of Samuel Bathrick a poor prisoner for debt (in 
forma Pauperis) having been read & considered on, 

Voted, That the prayer of the s d Petition be granted & that a 



314 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Law be made for the Relief of poor Prisoners for Debt, & that 
Mr. Meshech Wear & Capt. Israel Gilman be a Com tee of this 
House to joyn with such as may be appointed by the Hon ble Coun- 
cil to draw up an act accordingly. 

The Petition of Ann Rindge being read, Voted, That the Pe- 
titioner serve the children that are of age and the Guardians to 
those that are under age with a copy of the Petition and notify 
them to appear before the General Assembly on the second day 
of the setting thereof after the 13 th day of April Instant and shew 
cause if any they have why the prayer of the s d Petition should 
not be granted. 

Sent up for concurrence on Saturday morning, the Council 
being gone before the votes above were finished. 

Adjourned to morrow nine clock. 



Saturday, Ap. y e 13 th 1745. Met according to adjournm 1 . 

Benjamin Pitman send* his ace* for Expresses into the House* 

also his ace* for keeping an Indian, Voted That he be allowed 

seven pounds, Is 3d in full for s d ace* for Expresses to be paid out 

of the money in the Treasury for incidental charges of the warr, 

by the £13000 act £7: 1: 3 

Also that he be paid out of the Treas y of y e same 
money in full for his ace 1 for keep 5 y e Indian & 
to this day twelve shillings & sixpence . . 12; 6 

7: 13: 9 
Sent up for concurrence by Mr. Fabyan & Lock. 

[p. 168.] Samuel Gerrish sending his ace* into the House for 
going an Express to Boston & back again, Voted, That he be al- 
lowed fifty shillings in fall for it, £2: 10: to be paid out of the 
money in the Treasury by the £13000 act for incident charges of 
the Warr. Sent up for concurrence by Mr. Frost & Levit. 

Charles Higlitf brought his Muster Roll into this House for 7 
men three months to y e 29 th Aug 1 last (& made oath to the Truth 
of it), amounting to £26: 5: 0. 

Voted That he be allowed and paid out of the money in the 
Publick Treasury by last years Tax for the support of the Gov- 
ernment. Sent up for concurrence by Mr. Lock & Mr. Philbrook. 

The Com tee appointed to draw the Resolutions of this House 
&c. on his Excy 8 message relating to Fort Dummer bring a draft 
of a Resolution into the House w ch is read, & while the House 
were considering the Secretary brought down the vote for 65 men 
to be Recons d . 

Voted, That it be sent up again with the following vote : 

Voted That every leading officer of twenty men & upwards to 
be imployed in his Maj tys service y e insuing year be allowed fifty 



1745.] 



JOURNAL OF THE HOUSE. 



315 



shillings pr month & that every sergeant be allowed thirty-two 
shillings pr month. 

Sent up for concurrence by Mr. Frost & Gilman. 

Mr. Downing & Mr. Solly came into the House & said his Exc y 
sent them to see if the House had any thing to send up to day — 
particularly about Fort Dummer. 

. Voted, That the following message be sent up to his Exc 7 in 
answer to his Exc ys message by Mr. Downing & Mr. Solly, viz. 

May it Please your Excy 

The House have the affair of Fort Dummer now under consideration, but 
for want of a copy of y r Excell>' s Commisssion from which they hoped to have 
some light have not yet come to a Resolution on that point. 

The Sec y came down & s d His Exc y ordered him to adjourn the 
Gen 1 Assemb. to Tuesday y e 30 th of this month. 
Adjourned to Tuesday y e 30 th of April. 



[p. 172.] 



Names of Members of the House. 



Portsmouth 



Dover 



Hamptc 



Exeter 

New Castle, 

Kingston 

Stretham 

Newington 

Rye 

Greenland 

Durham 

New Market 



Nath 1 Rogers, Esq. Speaker 
Eleazer Russell, Esq. 
Mr. Henry Sherburne, jun 

( Thomas Millet, Esq, 
■< Capt. John Wingate 
( Tho 8 Wallingford, Esq 
( Samuel Palmer, Esq. 
J Mr. Joseph Philbrook 
( Mr. Meshech Wear 
( Col. Peter Gilman, Esq 
( Mr. Zebulon Gideons 

William Frost, Esq 

Maj r Eben 1 ' Stevens. 

Moses Leavitt, Esq. 

John Fabyan, Esq. 

Mr. Jonathan Lock 

'Clem* March, Esq. 

Capt. Jon a Thomson 

Capt. Israel Gilman. 



Esq. 



Letter from Col. Joseph Blanchard, of Dunstable, 
[Copied from MS. Corr. in Secretary's office, Vol. I, p. 235.] 

, Prov. of New Hamp r 

To the Hon ble House of Representatives at Portsmouth, &c. 
Gentlemen, Pr Coll. Rolfe I am informed That there was no particular 
charge made in my Muster Role for y e subsistance of y e souldiers the last- 



^16 PROVINCE OF NEW-HAMPSHIRE. [1745. 

-Summer in my Regiment, if I took no notice in the muster Role of it, yet as 
I certified the time they were in the service, subsistance must be of Conse- 
quence, & to y e particular persons to whome due, (as there was no Comissary 
Stores to Deliver) would occasion a tedious ace* but I expected y e allowance 
y e Government had granted, viz. 21s pr week old Tenour, on which Encour- 
agement y e men was subsisted, therefore pray the muster role may pass in 
full, if that should be tho't an omission at the time of attesting, and as I well 
Remember y e Hon ble House when I was before them on y* account Enquired 
into this affair & then informed the circumstances as above, & tho't it had 
bin to satisfaction. With my Duty to the Hon ble House, am y r most obedient 
Hum. Serv*. 

Joseph Blanchard. 
To Nath 1 Rogers Speaker to comunicated, 
Dunstable April 22 d 1745. 



J[p. 175.] Province of New Hamp r . 

At a meeting of y e General Assembly at Portsmouth in y e 
afores d Province on y e Tuesday the 30 th of April 1745, by adjourn- 
ment from y e 13 th ctirr*. 

The House met according to adjournment & after debating a 
considerable time upon the affair of Fort Dimmer, 

Voted, That Mr. Stevens & Gideons wait upon his Exc y & in- 
form him that there is a House. 

Voted, That Mr. Wear & Mr. Philbrook go up to the board & 
enquire whether the Hon ble Council have passed upon the Houses 
vote about choosing a Recorder, y r vote for Establishing the wages 
of the Hon ble Council & the House of Representatives, & a Spe- 
cial Act Enabling the Judge of Probates to settle the Estates of 
Sam 1 & Jo. Penhallow, deed. 

Mr. Secretary Atkinson brought down a Petition of sundry 
women & delivered to the Speaker & then asked him whether it 
was any particular paragraph of his Exc ys Commission that the 
House wanted. Mr. Speaker told him it was a copy of his Excy 8 
Commission, that the House wanted. Then the Secretary pre- 
sented a paper & said it was a copy of his Exc y8 Com 11 that it was 
his Exc ys own hand writing except the latter part w ch was his 
Exc y8 son's writing, but y* it was not attested. Mr. Speaker told 
him that it was an attested Copy of his Excy 8 Commission that 
the House wanted, upon which Mr. Secretary withdrew y e s d 
Paper, & the House adjourned till to morrow nine of the clock. 



[p. 176.] Wednesday May y e l Bt 1745. An act in addition to 
an Act Entitled an Act for the settlement & Distribution of the 
Estates of Intestates &c. being brought into the House is read 
the first time. 

The* Secretary came down & brought an attested copy of his fc 
Exc y8 Commission & said that it was the copy w ch was to be 
lodged in his office, but he'd lend it to the House during this Ses- 



I 1745.] JOURNAL OF THE HOUSE. 317 

sion & when he was able would give a copy to be lodged in y* 
. House's Records if desired, & then told the House that his year 
j was up & prayed that they would consider about a further allow- 
: ance for his Salary, & then Informed the House that he was di- 
i rected to tell them that the Hon ble Council had the votes & act 
I inquired after yesterday under consideration. 

Whereas by the vote of the General Assembly for enlisting <fe 
| paying the voluntiers for the Expedition against Louisburg the 
I s d voluntiers were to be provided for but four months, & whereas 
j it appears to this House that in all probability they will be longer 

on the Expedition : 

Voted, That the Com tee for managing the affairs relating to the 5 

Expedition forthwith make provision for one month more which 
j makes the whole to be five months from y e time of y e Enlistment 
| & that if the money appropriated for the use of the Expedition 

should not be sufficient to defray the charge thereof, that money 
i be paid to the Com tee out of the money in the Treasury for further 
I carrying on y e warr, & defraying the incident charges thereof, to 
j enable them to make y e s d Provision. 

Sent up for concurrence by Mr. Levit & Mr. Lock. 

[p. 177.] Wednesday afternoon — Met according to adjournm^ 
Voted, That there be paid out of the money in the Publick 
i Treasury for payment of officers & soldiers wages on the Expedi- 
j tion against Louisburgh, to each voluntier in that service of this. 
| Government on s d Expedition, his wife or legal Representative: 
| Twenty shillings in part of his wages. Sent up for concurrence* 
by Mr. March & Capt. Tompson. 

His Excell y the Governor's Com" Read in the House, & then 
' the House adjourned till to morrow half past nine. 



Thursday, May y e 2 d 1745. A letter from Coll. Sam 1 Moor to* 
the Com tee of warr dated y e 9 th of Aprill at Canso brought in to- 
the House & read. 

John Downing, Esq. brought down a Petition of Benj a Holt in 
behalf of the Inhabitants of Suncook praying for Thirty or forty 
Boldiers to be posted at s d plantation &c. also 

A Petition of Benjamin Rolfe in behalf of the Inhabitants olf 
the Town of Rumford praying for a constant & reasonable aid of 
men, stores, &c. 

[The following is a copy of the Petition presented by Coll. Rolfe, in behalf 
of the Inhabitants of Rumford, now Concord. — Ed.] 

To his Excellency Benning Wentworth. Esqr. Capt. General and Governor in 
chief in and over his Majesty's Province of New Hampshire in New Eng- 
land, the Hon ble the Council and House of Representatives in General 
Court convened. 
The Memorial and Petition of Benjamin Rolfe in the Name & Behalf of 

the Inhabitants of the Town of Rumibrd in said Province — Humbly sheweth. 



318 PROVINCE OF NEW-HAMPSHIRE. [1745. 

That the said Town has been settled by his Majesty's subjects about Eighteen 
years, and a Gospel Minister ordained there upwards of Fourteen. That the 
settlers had an Eye at enlarging his Majesty's Dominions, by going into the 
Wilderness, as well as their own Interest: That many Thousand Pounds 
have been spent in clearing and cultivating the Lands there, and many more 
in erecting Mansion Houses, Fortifications, Out Houses, Barns and Fences : 
That the Buildings are mostly compact and properly form'd for Defence, and 
well situated for a Barrier, being on Merrimack River about a Days march 
below the confluence of Winipishoky and Pemissawasset Rivers both which 
are main gangways of the Canadians to the Frontiers of this Province, and 
within a weeks march at farthest from a very strong Fort built within these 
few years by the French at Crown Point which will be a place of constant 
Retreat and Resort for the French and Indians in all their Expeditions against 
the English settlements : That the breaking up of the settlement will not only 
ruin the Memorialists, but in their humble opinion greatly disserve his 
Majestys Interest by encouraging his Enemies to encroach on his direlict 
Dominions, and be also hurtful to the Province by contracting its borders 
and drawing the war nearer to the Capital: That it was by a long and impor- 
tunate Intercession of this Province and not of the Memorialists seeking that 
they are cast under the immediate care of this Government, which they ap- 
prehend gives them so much the better Right to its Protection : That as War 
has been declared against France for some time and a Rupture with the 
Indians has been hourly expected, many of the Inhabitants of said Town, by 
Reason of their being so much exposed to imminent Danger from their Ene- 
mies, have already moved from said Town, and the season of the year being 
such' as to give the Indians an opportunity of disturbing the Frontiers, and 
the Dutch Mohawks having lately given occasion to fear that they would 
ioyn in a War against his Majesty's settlements as mentioned in some late 
News Papers, your Memorialists unless they have speedy help will be soon 
obliged to evacuate said Town, how disserviceable so ever it may be to the 
Crown, dishonourable to the Government, hurtful to the Province and ruin- 
ous to themselves. 

Wherefore your Memorialists most humbly supplicate your Excellency, 
the Honourable Council and House of Representatives to take the Premises 
into your wise and mature consideration and to grant them such constant 
and seasonable aids both with Respect to men and Military stores as may 
enable them to maintain his Majesty's Dominions in so well situated a 
Barrier, and so antient and well regulated a settlement, as well as to secure 
their own Lives and Fortunes against the Ravage and Devastations of a 
Blood-thirsty and Mercyliss Enemy, and your Memorialists as in Duty bound 
will ever pray. _' 

Benjamin Rolfe. 
Portsmouth, April y e 30 th 1745. 

The said Petitions are read & ordered that the s d Holt & Rolf 
be sent for into the House who being sent for came into the House 
<fe Informed them of the State of y e s d Towns & Coll. Rolf said 
he thought that 250 men would be necessary to defend & protect 
y e Frontier between Conn t & Merrimack River & the s d Rivers, 
& that he thought that less than 40 would not be sufficient for 
Rumford, & if y r should be open war with the Indians more 
would be wanted. 

The Secretary came down & brought an Act for relief of poor 
prisoners for Debt w ch was delivered to the Com tee to examine. 

[p. 178.] Theo. Atkinson Esq. one of the Com tee for letting 
out the £25000 came into the House & moved that an Act should 
be passed to enable the Com tee more easily to oblige the delin- 
quents to pay in the Interest, upon w ch y e Attorney General was 
sent for & directed to prepare a bill. 



1745.] JOURNAL OF THE HOUSE. 319 

The Report of the Com tee for drawing up a Resolution on y* 
affair of Fort Dummer was read & then the House adjourned till 
three of the clock. 

Met according to adjournment. Mr. Speaker Rogers being 
absent on the Business of the House 

Voted That Ebenezer Stevens Esq. be Speaker of the House 
pro -tempore. 

An Act in addition to an act entitled an Act for the settle- 
ment & distribution of the Estate of Intestates, &c, is read the 
second time. 

The Act for the Relief of poor prisoners for Debt brought into 
the House & read the first time. 

Ordered That Mr. Wear & Philbrook go up to the Hon ble 
Council & Inquire whether they have passed upon y e House vote 
about y e Record 1 " & the other vot*e & act Inquired after yesterday. 

Mr. Secretary came down & s d his Exc y directed him to lay 
three papers before the House viz. (A letter from General Pep- 
perell of y c 10 th of April: a Letter from Col. Moor of the 6 th of 
Aprill, with a copy of his orders Rec d from the General) to be 
read & Returned again. The said papers are read. 

Gen. PepperilVs Letter (1). 

[Copied from MS. Corr. in Secretary's office, p. 261. J 

To his Excellency Benning Wentworth, Esq. pr. private, Capt. Fletcher's 
prize, via Boston, April 10 th 1745, & copy by y e Brig 1 . 

May it Please your Excellency 

Your several favours of 15 th , 19 th , 20 th & 21 st Inst I received, and observe 
the contents, your Recommendation of the Gentlemen mentioned therein, 
will be sufficient to entitle them to any favours in my power. We are waiting 
here for favourable Wind & weather to proceed to Cape Breton. The Troops 
that are here are in general in Health, some of our vessels that have the war- 
like Stores, on board, are not yet arrived here. I have heard that they are in 
Country harbour. I have sent vessels to convoy them here. The wind has 
been Easterly for some time and continues so, and if by reason of the wind, 
we should be detain'd here, provisions and necessaries of life may be wanted 
both in the Fleet & Army which, hope the several Governments will have 
thoughts of, which if in season we are supplied with & can have some men 
of War to strengthen our Naval Force, I hope by the blessing of God, that 
people who desire to Distress and Destroy our Country will be subdued. I 
sincerely wish y r Excellency Health and prosperity, and am w th Due Respect 
y r Excell>' s most obed* & alfe c H. serv*. 

Wm. Pepperell. 
On board the Shirley Galley, Canso, April 10, 1745. 
His Excellency B. Wentworth, Esq. 

Coll. Downing & Mr. Secretary came down & said that in 
answer to y e House's message by Mr. Wear &c. The act enabling 
the Judge of Probates to settle the estate of Sam 1 & Jo, Penhal- 
low [p. 179.] was agreeable to the Council with a small amend- 
ment w ch was writ on a Mem w ch was delivered with the Act. 

(l) Col. Moor's letter cannot now be found.— Ed. 



320 



PROVINCE OF NEW-HAMPSHIRE. 



[1745,. 



That the vote about choosing a Recorder was non concurred. 

That the vote for Establishing the wages of the Hon ble Council 
& this House was unanimously non concurred. 

The Attorney General brought an Act into the House in addi- 
tion to an Act Entitled an Act for emitting the sum of £25,000 
w ch was read & then the House adjourned till to morrow nine 
clock. 



Fryday, May y e 3 d 1745. An act in addition to an act entitled 
an Act for the settlement of Insolvent Estates &c. read the third 
time. 

The special Act for enabling the Judge of Probates to settle y ft 
Estate of Sam u & John PenhalloAv passed with the amendment 
(y e words) [that have or may be made] being interlined in the 
latter part of y e act & the act dated this day & sent up again for 
concurrence by Mr. Thompson & Lock. 

Then the House proceeded on y e affair of Fort Dummer, & 
after considerable debate & mature consideration & Deliberation* 
The Question was put Whether this House will make any grant 
for the support & maintainance of Fort Dummer. It passed in 
y 6, negative by a great majority & ordered that the names of the 
members present be entered & who were for Rec s of it. The 
members present are as follows : 



Thomas Wallingford, Esq 
Sam u Palmer, Esq. 
Clement March, Esq. 
Maj. Eben 1 ' Stevens, Esq. 
Moses Levitt, Esq. 
Capt. Jon. Thompson. 



3 



[p. 180.] Mr. Speaker Rogers 
Eleazer Russell, Esq. 
Henry Sherburne, jun. 
Thomas Millet, Esq. 
Capt. John Win gate 
Mr. Joseph Philbrook 
Mr. Meshech Wear 
Coll. Peter Gillman 
Mr. Zebulon Gideons 
William Frost, Esq. 
Mr. Jonathan Lock 
John Fabyan, Esq. 

Whereupon it is Voted That the following vote <fe Resolution 
of this House be sent up to his Exc y in answer to his Excy s mes- 
sage by Geo. Jaffrey Esq. on y e 2 d of April past, & his Exc ys sev- 
eral other messages Relating to Fort Dummer. 

Whereas his Exc^ y e Gov r was pleased on the 2 d of Ap. past to lay before-, 
the Gen 1 Assembly a copy of his Maj^ order, dated at Kensington the 6 tb 
Sept. 1744, relating to Fort Dummer, with a Letter from his Exc^ Gov r Shir- 
ley in consequence thereof, dated Feb? 25 th whereby it appears to be his 
Majesty's pleasure that the s d Fort should be supported, & that the Gov r of 
N. Hamp 1 ' should forthwith move the Assembly to make suitable Provisions 
for that service, &c. the House imediately took the affair of s d Fort under 
their consideration, & having by all opportunities ever since made what en- 



1745.] JOURNAL OF THE HOUSE. 321 

quiries they could into the situation & circumstances thereof, upon mature 
Deliberation thereon, being humbly of opinion that the s d Eoyall order was 
grounded on a misrepresentation of the situation of s d Fort, which being 
about five miles North of the Massachusetts north boundary line, upon ye 
west side (1) of Connecticut River suited very well when first built for a protec- 
tion to their then outmost settlements, to accommodate their marching scouts 
[p. 181.] & be a place of Retreat & Resort for them, & also for a Trading 
House with the Indians : But is full fifty miles distant from the nearest of our 
Frontiers that were settled in consequence of any grant from the Government 
of N. Hamp 1 ' with the two great Rivers of Merrimack & Connecticut between 
them, & quite out of y e comon Route of y e Indians when they come to attack 
us ; and inasmuch as y e s d Fort being almost in the very south west corner of 
a number of Towns lately laid out & partly settled by the Massachusetts, be- 
tween y e Rivers of Merrimack & Connecticut cannot be any protection to 
those infant settlements whose Northern line of about 35 miles in length from 
No. 4 (on Connecticut River about 25 north of Fort Dummer) over to Con- 
toocook (on Merrimack River about 40 miles north of y e Line where it cuts 
j* s d River) is their most exposed frontier. Forasmuch also as it plainly ap- 
pears by the Royall order itself that the People of this Province have no 
right to the Land which by the Dividing Line now appears to be within this 
Province notwithstanding the plausible arguments heretofore made use of to 
induce them to be at the charge of settling the Line, viz. That the Land 
thereby comprehended within this Government & not before granted by 
the Gov r & Council of this Province, would be theirs or else sold, at least so 
much of it as to defray the charge of s d settlement. Furthermore whereas 
the yearly charge of maintaining fort Dumer (tho' no Protection to any of y e 
Towns within this Province except p'haps one or two granted by y e Massa- 
chusetts & bordering upon it) would be at a moderate computation, even in 
time of Peace, double y e usual annual charges of the Government for many 
years before it was under a Separate Gov 1 ' & were the said Fort ever so well 
situated to answer the ends aforementioned, yet the circumstances of the 
Province are such by reason of the vast load of Debt contracted by y e settle- 
ment of y e Line, the apprehension of an Indian War and the great addition 
made to the Burthen we before laboured under by y e part we have in y e Ex- 
pedition against Louisburg, besides the yearly support of Government, 
exclusive of the war, now more than four times what it was four years agone, 
That we are not able further to engage in any additional expence without y e 
utmost necessity should constrain us. Considering also that should we 
undertake to make Provision for s d Fort it would probably be only an intro- 

: duction to greater Expences : for if we should not at the same time make 

. provision for the support of a much stronger and more conveniently situated 
Fort at No. 4 (2) on Connecticut River ab l 25 miles north of Fort Dumer & 

; also for the Protection of all the new settlements from Fort Dumer up Con- 
necticut River to No. 4, & thence over to Contoocook, and for all the settle- 
ments between those lines & the Boundary line there would be matter for 

' [p. 182.] new Remonstrances to be made against us which we have no reason 

. to think the Massachusetts would neglect. Inasmuch also as there is no 
Danger that the s d Fort or neighboring new settlements will want protection, 
it being the interest of y e Massachusetts who enjoy the Land & are a great & 

• opulent people, to Defend them ; & the greatest Reason they should do it, in- 
asmuch as thereby they Defend their own proper frontier to which y e s d Fort 
& new setttlements are a cover, And in addition to all this, forasmuch as 

: we are already burthened to so great a Degree, we should be obliged to much 
greater expenses in case of an actuall war with the Indians, who in conjunc- 
tion with y e French would probably put us to more charge than ever. These 
things being maturely considered by us according to the best of our Judge- 
ments together with the great Decay of Business both of Merchants & manu- 
facturers or- Tradesmen which is now almost ceased, although it is with y e 
utmost reluctance, that this Assembly sees a Recommendation from his 

(1) In a note, p. 182, it is said, " situated on the east side," which is an error.— Ed. 

(2) Charlestown, N. H.— Ed. 

21 



322 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Majesty not in their Power to comply with, they yet hope to be excused in 
declaring that they look upon it to be their indispensable Duty to Resolve <fe 
it is accordingly, 

Voted &, Resolved, That the Assembly cannot make any Grant for the sup- 
port & maintainance of Fort Dumer without betraying their Trust & ruining 
many of their Principalis by adding to their Burthen already almost insup- 
portable and which y e House is firmly persuaded his most Gracious Majesty 
upon a fair Representation of the matter would neither expect nor desire to 
have done, — & therefore it is further voted, That his Majesty be humbly ad- 
dressed by this House by way of Apology & Excuse, setting this affair in its 
true Light, and also representing any other matters that may be for the 
Honor & service of the Crown & for y e benefit of the Province (1). 

And then the House adjourned to three of the clock in the 
afternoon. 

Met in the afternoon, and while the above vote & Resolution 
were copying to send up to his Exc y , the Secretary came into the 
House & said that he was directed by his Exc y the Governour to 
Dissolve the General Assembly, & accordingly Declared that they 
were 

Dissolved. 



[p. 187.] Province of ) Anno Regni Regis Georgii Secundi, Mag- 
New Hamp r \ na3 Britannia, Franciae & Hibernise, 
&c. Decimo octavo. 
A Journal of the House of Representatives, at a General As- 
sembly of his Maj tys Province of New Hampshire in New Eng- 
land, began & held at Portsmouth in s d Province, on Wednesday 
the fifth day of June Anno Dom : 1745. 

The Honourable Theodore Atkinson, Esq. Richard Wibird & 
Samuel Smith, Esqs. came clown from the Council board & ac- 
quainted the House that they were appointed by his Exc y y e Gov- 
ernour to administer the oaths, & that it was his Exc ys pleasure 
that the members of this House should take the oaths, make & 
subscribe the Declarations, take & subscribe the oaths of abjura- 
tion &c. before them s rs & the Hon ble Theod. Atkinson, Esq. read- 
ing over the names of those whom he said the sheriff had Re- 
turn'd, the oaths &c were taken & subscribed by the following 
persons, viz. 

Nath 1 Rogers, Esq. } 

Elea r Russell, Esq. > Portsm . 

Mr. Henry Sherburne ) 

Mr. John Sanborn > Hampton 

Samuel Palmer, Esq. ) " 

Mr. Meshech Wear — of the Falls. 

If 

(1) The foregoing is copied from the original, which is preserved in MS. Corr. in Secre- 
tary's office, Vol. I, p. 237, but compared with the copy in " Journal of the House."— Ed. 



1746.1 



JOURNAL OF THE HOUSE. 



323 



John Gage, Esq. 

Col. Tho s Wallingford, Esq ^ 

Maj r Tho 8 Davis, 

Coll. Peter Gillman, Esq. ) -^ 

Mr. Zebulon Gideons, j 

Thomas Bell, Esq. of New Castle. 

Rich d Jennens, Esq. of Kye. 

Maj r Eben r Stevens, Esq. Kingston. 

Moses Levit, Esq. of Stretham. 

Capt. John Nutter, of Newington. 

Clem 4 March, Esq. of Greenland. 

Mr. Tho 8 Young, of New Market. 

Mr. Jonathan Chesley, of Durham. 

John McMurphy, Esq. of Lon n Deny. 

[p. 188.] The Hon ble Theod. Atkinson, Esq. came down from 
the Board & Informed the House his Exc y Required them to pro- 
ceed to the choice of a speaker & present him. 

Thomas Millet, Esq. & Capt John Wingate being in the House, 
Represented that there was no return made by the Selectmen of 
Dover of Coll. Thomas Wallingford & John Gage Ksq. & Maj r 
Thomas Davis, being chosen to Represent the s d Town of Dover, 
and that four of the selectmen had made a Return on the precept 
for three other persons, upon which the House sent for the sheriff 
& desired him to lay the precept & what Returns were made to 
him before the House : upon w cb he delivered the precept with 
another paper & said the reason why he return'd those persons 
was because he was at the Town meeting & thought the Gen 1 he 
returned were the proper persons. Upon Examination of y e pre- 
cept & other papers it appeared that four of the selectmen out of 
five had made a Return on the precept for three other persons : 
wherefore the House were unanimously of opinion that there was 
no proper Return made of the s d Coll. Thomas Wallingford, Esq. 
John Gage Esq. & Maj r Davis & so after considerable debate 
whether the House should again send for the sheriff & make far- 
ther enquiry into the matter, it was overruled & the Question 
being put whether the House would now proceed to the choice of 
a speaker, nine members were for it & eight against it. 

[p. 189(1).] The House proceeded to bring in their votes for 
a Speaker, w ch being Examined it appeared that the Hon ble Maj r 
Eben r Stevens, Esq. was chosen Speaker of the House by a maj- 
ority of votes & was accordingly conducted to his seat. 

Voted, That Mr. Meshech Wear, Mr. Zebulon Gideons, Thomas 
Bell, Esq. & Capt. Jon. Chesley wait upon his Exc y & Inform 
him that the House have made choice of the Hon ble Eben r Stevens, 
Esq. to be their Speaker ; who return'd y* they had delivered the 



(1) There is some irregularity in the paging of the Journal, several leaves intervening 
>etween pp. 188 & 189.— Ed. 



324 PROVINCE OF NEW-HAMPSHIRE. [1745. 

The Hon ble Jotham Odiorn, Theod. Atkinson, Rich d Wibird & 
Sam 1 Solly, Esqs. came down from the Board & Informed the 
House that his Exc y the Governor approved of their choice of a 
Speaker; & then the House adjourn'd till tomorrow nine of the 
clock. 



Thursday June y e 6, 1845. Met according to adjournment, 
Present, and the members called, viz. The Hon ble Eben r Stevens, 
Esq. Speaker. 

Nath. Rogers, Esq. *) 

Eleaz r Russell, Esq. V- of Portsm . 

Mr. Henry Sherburne, \ 

Mr. John Sanborn, ) ^ tt ^ 
a i t> i tt r oi Hampton. 

cam 1 ralmer, Esq. ) r 

Mr. Meshech Wear, of the Falls. 

Coll. Peter Gilman ) v ^ 

Mr. Zebulon Gideons j of Exeten 

Thomas Bell, Esq. of New Castle. 

Rich d Jennens of Rye. 

Moses Levitt, Esq. of Stretham. 

John McMurphy, Esq. of Lond'derry. 

Capt. John Nutter of Newington. 

Clement March, Esq. of Greenland. 

Capt. Jon. Chisley, of Durham. 

Mr. Thomas Young, of New Mark*. 

[p. 190.] John Gage, Esq. Coll. Thomas Wallingford Esq. & 
Maj. Thomas Davis came into y e House & desired that their names 
should be called over. Also Thomas Millet, Esq. Capt. John 
Wingate & Mr. John Wentworth came into the House, & ob- 
jected against it. Upon w ch , after considerable debate, it was 

Voted, That y e abovementioned six Gentlemen viz. John Gage, 
Esq. Coll. Thomas Wallingford, Esq & Maj r Thomas Davis, Thom- 
as Millet, Esq. Capt. John Wingate & Mr. John Wentworth, be 
desired to withdraw. After which it was 

Voted, That the House proceed to the choice of a Clerk Ime- 
diately. Upon w ch the Speaker directed the members present to 
bring in their votes for a Clerk, which being done, upon exami- 
nation of the votes it appeared that Mr. Daniel Peirce was chosen 
clerk by a majority of one vote. Upon w ch the Speaker sent the 
Houses' messenger to inform Mr. Pierce of it & to desire him to 
come to the House. Mr. Pierce came into the House, accepted of 
the office, & is accordingly Sworn to the faithfull Discharge of 
said, by the Hon ble Eben r Stevens, Esq. 



1745.] JOURNAL OF THE HOUSE. 325 

£p. 191.] The following voted to be ye Mules of ye House. 

1. That whosoever shall by any misbehaviour in Speech or action 
justly offend any of the members of y e House, shall for the 
first offence be admonished, for the second, fined as the House 
shall see meet. 

2. That no member speak twice until every member have Liberty 
to speak once, if he please. 

3. That every member direct his Speech to y e Speaker, & not to 
one another, & when any member has a mind to speak to any 
case, that he stand up & ask Leave of y e Speaker to speak. 

4. That whenever there happen y* there is as many votes on one 
side of y e Question as y e other without the Speaker, that then 
y e Speaker make y e casting vote. 

5. That if the Speaker be absent the House may choose a Speaker 
pro tempore, that y e affairs of the House may be carried on 
without stop. 

6. That if any member after being qualified & entered shall ab- 
sent Himself at any time without leave from y e House, he 
shall be fined at the Discretion of y e House. 

7. That if any member of this House shall be by y e major part of 
this House tho't unfit & not qualified for s d Place, it shall be 
[p. 192.] in their Power to dismiss such Person giving Notice 
to the Town or precinct where he belongs to choose another 
to fill up such vacancy. 

8. That every Bill to be pass'd in this House shall be read three 
times & that there be two adjournments of this House before 
any Bill be passed into an Act & y l every member keep his 
place in y e House & not speak out of it. 

9. That every member when any thing is put to vote, when re- 
quired shall vote on y e one side or y e other, & if he refuse 
shall be under the censure of y e House. 

10. -That the Speaker with eleven members be a House to do 

Business. 
11. That no vote y* is pass'd in the House shall be reconsidered 

by a less number. 



[p. 193.] Voted, That y e members take their Places according 
to y e order of the Towns. 

Voted, That the Clerk be directed to employ a workman to 
provide proper seats & a Table to accommodate the members. 

Voted That Mr. Sherburne the former Clerk be directed to de- 
liver to y e present Clerk, the Books & Files in his Hands belong- 
ing to this House. 

June 6 th 1745, a. m. 

The House adjourned for two hours. 



326 PROVINCE OF NEW-HAMPSHIRE. [1745. 

P. M. The House met according to adjournment. 

After some Debate whether the election of y e Dover members 
was legal or not, there being six members appearing as Represen- 
tatives for said Dover, 

Voted, That the s d six Gentlemen, viz, Tho s Wallingford Esq. 
John Gage Esq. Maj. Tho 8 Davis, Tho s Millet, Esq. Capt Jo n Win- 
get & Capt. Jno. Wentworth be sent for into the House. They 
accordingly appear'd & after being heard it is further Voted, That 
y e Parties be heard on y e s d affair on y e second Day of the Setting 
of this Court after this week & that the Selectmen & Town Clerk 
of s d Dover & Andrew Marshall & Sam 1 Gerrish be summon'd to 
appear, & that y e Parties give their attendance on s d Day at Ten 
o'clock, A. M. 

[p. 194.] The Petition of Israel Gilman, Rob* Barber &c. In- 
habitants of New Market representing some unfair proceedings in 
the Election of a Representative for N. Market being read, or- 
dered that y e Sherif be sent for, who comes into the House & 
being asked for the Precept sent to s d New Market & y e Return 
thereof lays it before the House, which being read, ordered that 
y e Petitioners be heard on their Petition y e 3 d day of the next 
setting of this Court after this week at ten o'clock a. m. & that y e 
Selectmen of s d New Market be served with a copie of the Peti- 
tion & this order & that they with y e Clerk of s d New Market & 
the Moderator of the s d Meeting be also cited to appear before 
this House at s d time, and all at the charge of the Petitioners. 

House adjourned 'til to morrow 9 o'clock. 



Fryday 7 June. 

Met according to adjournment, & 

Voted That the Rev d Mr. Fitch & the Rev d Mr. Shirtliff be de- 
sired to pray alternately every morning with this House. 

The Secretary came down & said his Excell y desir'd y e Papers 
& Letter relating to Fort dimmer might be sent up. Sent up 
his Maj tys order in Council of y e 6 th Sept r about Fort Dummer & 
Gov. Shirley's Letter of y e 25 th Feb y & the vote of the Massachu 8 
about said Fort by Mr. Macmurphy & Mr. Young. 

[p. 195] The Secretary came down & said his Excell 7 required 
y e attendance of y e Speaker & y e House in y e Council Chamber.. 
The Speaker with y e House attended when his Excellency made a 
Speech, a copy of which was soon sent down & fil'd. 

[See this Speech in "Journal of the Council and Assembly."] 

The Hon ble Rich d Wibird, Esq. came into y e House & Bro't sev- 
eral letters from Lt. Gen 1 Pepperell & Col. Moore; also his Majes- 
ties order in Council of y e 6 th of Sept. about Fort Dummer, His 
Excels Gov r Shirley's Letter of y e 25 th Feb y & y e vote of y e 
Mass ts Bay about Fort Dummer of y e 9 th Jan y & another vote 



1745.] JOURNAL OF THE HOUSE. 327 

about y e charge of Fort Dummer of Ap. y e 18 th 1745, & said his 
Excellency desired they might be read & returned again (1). 

[The following Letter of Governor Shirley of Feb. 25 th is found in the 
" Belknap Papers," and perhaps is the letter referred to. — Ed.] 

Boston, Feby 25 th 1744 — 
Dear Sir — The Scarcity of men in this Province is at present so great, oc- 
casion' d by the Demand we have for 'em to Man our own vessells design' d 
for the service of the Expedition, that I am obliged to let Capt. Graves go 
from hence upwards of twenty men short of his complement, which I am 
sorry 'tis not in my power to help him to ; as the speedy and safe arrival of 
his ship with the Mast ships under his convoy is of great consequence to his 
Majestys ships at Jamaica, if you could get that number of men for him or 
assist him in procuring them, it would very much promote his Majesty's ser- 
vice, and be esteem'd by me as a particular obligation. 

I am with Respect and Esteem, Sir, 

your Excellency s most Humble 
and obedient servant, 
His Ex°y Gov. Wentworth. W. Shirley. 

The House adjourn'd for two hours. 

P. M. The House met according to adjournment. 

Voted That each member of y e Hon ble Council have four shill 8 
& six Pence pr Day pd him out of y e publick Treasury & each 
member of y e House of Representatives have three shills & six 
pence pr Day pd him out of y e publick Treasury for each day of 
their sitting in y e Gen 1 Assembly from y e beginning of y e session of 
y e last Assembly on y e 24 th day of Jan y last past for & during y e 
space of three years from this day ; that each member of y e Honb 1 
Council & y e House of Representatives be allowed three pence pr 
mile for travelling to & from y e Genl. Assembly on every ad- 
journm* [p. 196.] prorogation or Dissolution except when the 
Gen 1 Assembly is adjourned from Saturday to Monday or for a 
shorter time — That the Hon ble Council be paid out of the Treas- 
ury on a Certificate from the Secretary & that y e members of the 
House of Representatives be p d out of the Publick Treasury on a 
Certificate from the Clerk of y e Assembly, Also that y e Clerk of 
the House of Representatives from y e beginning of the session of 
the last Assembly on the 24 th Jan y last for & during the space of 
three years from this day to be paid three shill 8 & six pence pr 
Day for each day of his attendance in Gen 1 Assembly, to be paid 
out of the Publick Treasury on a Certificate under y c hand of the 
Clerk for the time being, & that the Hon ble Theodore Atkinson 
Secretary be pd out of the publick Treasury sixty five Pounds in 
full for his common and Extraordinary service as Secretary for y e 
year 1744 to y e 25 th March last past. 

Sent up by Mr. Jennes & Mr. Leavit. 

Whereas the Recorder of Deeds & Conveyances of Land &g is 
the Keeper of the Titles of Free Holders to their Estates, voted 

(1) There is some confusion in the order of the Journal; probably the foregoing should 
precede the Record of June 7.— Ed. 



328 PROVINCE OF NEW-HAMPSHIEE. [1745. 

that Eleaz r Russell Esq. Mr. Meshech Weare, Moses Leavit Esq. 
[p. 197.] & Clem 1 March, Esq. be Com* of this House to join with 
such as may be appointed by the Hon ble his Majesties Council 
to draw up a Bill to be pass'd into a Law by y e Gen 1 Assembly (if 
approv'd on) whereby the choice of a Recorder for this Province 
may be invested in such Freeholders of this Province as have each 
a real Estate worth fifty Pounds & make Report unto the Gen 1 
Court as soon as possible that the Publick Records may not be 
kept shut up any longer. 

Sent up by Mr. March & Mr. Sanborn. 

Voted, That Coll. Benj n Rolf's muster Roll amounting to forty 
two Pounds for wages of 16 men two months from y e 21 st Jan 7 
be allowed . . . ... . . . £42: 0: 

For provisions for them for s d time . . . 33 : 12 : 
For powder & Bullets 4 



£79: 12: 



& that s d sum be p d out of y e money p d into the Publick Treasury 
by Province Tax, last year for defraying the charge of the Prov- 
ince. 

Voted, That Nath 1 Rogers Esq. & Sam 1 Palmer, Esq. be a 
Com tee to answer his Excellencys speech. Then adjourn'd till to 
morrow nine o'clock. 



Fryday June 8 th . 

The House met according to adjournment. Mr. Bell was sent 
up with Coll Rolf's Muster Roll & directed by the Speaker to 
enquire whether y e Hon ble Council have pass'd on the votes sent 
up yesterday. He return'd & said the votes were under Con- 
sideration. 

[p. 198.] Mr. Secretary Atkinson came down & informed the 
House y* the vote for the Hon ble Council and Assembly wages 
was concurr'd with, That the vote on Coll. Rolf's Muster Roll 
was concurr'd with, That y e vote about choosing a Recorder was 
non concurr'd. 

Whereas by Letters laid before this House by his Exc y the Gov- 
ernour it appears that y e Forces on the Expedition against Louis- 
burg will in all probability be longer in that service than they are 
provided for by the votes of the Gen 1 Assembly, & whereas Coll. 
Moore (1) in his Letters represents that y e men want shoes, 
shirts <fcc. 

Voted, That the Com tee for managing the affairs relating to the 
Expedition be impower'd to procure as soon as conveniently they 

(1) Col. Samuel Moobe had command of the Regiment from New Hampshire, consist- 
ing of 350 men. He was of Portsmouth, a ship master by profession and distinguished as 
such. [See Military Hist, of N. H. by Hon. C. E. Potter, in Vol. II, p. 61, Adj. Gen. 
Report, 1866. ]— Ed. 



1745.] JOURNAL OF THE HOUSE. 329 

can such Provision & Stores as they think will be necessary for 
the supply of y e Forces in pay of this Province for one month 
more than has been already voted and send them with all conven- 
ient Dispatch to y e Forces in Pay of this Prov. on said Expedi- 
tion, & also that they send such cloathing as they may think 
necessary for the use of y e soldiers afores d and that money be p d 
to the Com tee by his Exc y the Gov rs warrant with the advice of y e 
Council out of the money in the Treasury by y e £13000 act for 
further carrying on y e Warr against his Majesties Enemies &c. 
for defraying the charge thereof. 

[p. 199.] Voted That Coll. Rolf be allowed three Pounds in 
full for making inquiry about y e Indian suppos'd to be killed & in 
full for his ace* & to be paid out of the money bro't into the 
Treasury by Prov. Tax last year for defraying the charge of the 
Government. 

Voted, That Eleaz r Russel Esq. Mr. Henry Sherburne jun. & 
Tho s Bell Esq. be a Com tee of this House to join with such as may 
be appointed by y e Hon ble Council to consider of y e subject matter 
of his Excel 7 Gov r Shirly & Lieut. Gen 1 Pepperells Letters relat- 
ing to a Reinforcement of our army at Louisburg & to consider 
what is proper for this Province to do & to make Report to the 
Gen 1 Court as soon as may be. 

Mr. Secretary Atkinson came down & informed the House that 
y e votes for supplying the Forces at Louisburgh for one month 
more & for allowing Col. Rolf three pounds in full &c. & for ap- 
pointing Eleas r Russell, Esq. <fcc. a Com tee to join with such as 
may be appointed by the Hon ble Council to consider on the rein- 
forcement of our Army at Cape Breton, &c were concurr'd, & 
that by his Exc ys order the Court was adjourn'd til Monday three 
o'clock. 



Monday 3 o'clock p. m. 1745. 

The House met according to adjournment. 

Voted That Joseph Moulton jun. be allowed four Pounds seven- 
[p. 200.] teen shill 8 & six pence in full for going Express to Dun- 
stable, &c. in May & June 1744, to be paid out of y e money Bro't 
into the Treasury last year pr. Prov. Tax for defraying y e charge 
of the Government. 

Voted, That Joseph Moulton jun. be allowed Eight Pounds two 
shill 8 & six pence in full for ace* carrying Letters to Boston, Lamp 7 
River &c. in Feb 7 last, out of the money in the Publick Treasury 
by the Thirteen Thousand Pound act for defraying y e charge of 
y e Expedition against Louisburgh. 

Voted That Joseph Moulton jun. be allowed fifty shill 8 in full 
for going Express to Boston, May 1745, to be p d out of the money 
in y e Publick Treasury by the £13000 act for the use of the Ex- 
pedition against Louisburgh. 



330 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Voted That Capt Jonath 11 Chesley's muster Roll amount g to 
thirty Pounds fifteen & six pence sworn to May 2 d 1745 be al- 
lowed & pd out of the money in y e Treasury by Prov. Tax last 
year, to defray y e charge of the Government. 

The Com tee for considering the subject matter of his Exc y Gov r 
Shirlys & Lieut Gen 1 Pepperrells Letters relating a Reinforce- 
ment of the Army before Louisburgh, report as follows : 

The Com tee are humbly of opinion that (when proper methods may be 
agreed upon by the Gen 1 Asssembly for defraying the charge) his Exc^ the 
[p. 201.] Capt. Gen 1 be desired to issue forth his Proclamation for the En- 
couraging the enlisting of one hundred voluntiers under such proper officers 
as he may think proper to be employ' d in the Expedition against Louisburgh 
giving them the same Encouragement as was given to y e last voluntiers in- 
listed for said Expedition. 

Prov. of ) In y e House of Represent June ) Jotham Odiorn 

N. Hamp r J 10 th 1745, Read and accepted & > R. Wibird 
sent up for concurrence ) Sam 1 Solly 

Eleaz 1 ' Russell 
Hen. Sherburne 
Tho s Bell 

The House adjourned till to morrow 9 o'clock. 



Committee 



Tuesday June 11 th 1745, a. m. 

The House met according to adjournment. 

Tho' Millet Esq. & Capt John Wingat came into the House & 
Desired that they might be heard by their Council on their case 
or affair coming on. Upon which considerable debate ai*ose & y e 
Question being put, Voted in the negative. 

Whereupon Nath 1 Rogers Esq. Eleaz r Russell Esq. Mr. Meshech 
Weare, Mr. Zeb n Gideons, Peter Gilman Esq. & Mr. H. Sherburne 
jr. pray'd leave to enter their Dissent ag st s d vote, & to tile their 
Reasons for so doing, upon which they were allowed to enter 
their Dissent but not to tile their Reasons. 

[p. 202.] Tho s Millet, Esq. Capt. Jn. Winget & Capt. John 
Wentworth being called came again into the House & s d they 
were inform'd by a member that Hon ble House did not think fit 
to hear them by Council & desired their original complaint might 
be read, & a copie thereof granted to them, which was allowed & 
y e minuits of y e proceedings thereon were read, & the s d Gentle- 
men farther moved that this House would reconsider their vote 
relating y e admission of Council or not, the Point in dispute not 
being concerning the due or undue Election of Representatives, 
but concerning the Return that was made — it being a point of 
Law. 

Voted in y e Negative. Whereupon Nath 1 Rogers Esq. Eleaz r 
Russell, Mr. Mesh h Weare, Mr. Z n Gideons, Pet r Gilman Esq. & 
Mr. H. Sherburne jun. pray'd to enter their Dissent. 



1745. 



JOURNAL OF THE HOUSE. 



331 



The Question was put whether y e hearing the affair relating to 
Tho s Millet Esq. & others should be put off till three o'clock 
afternoon & pass'd in the affirmative. 

Two accounts of Capt. Sloper being read in the House, 

Voted That John Macmurphy, Esq. & Mr. John Sanborn be a 
Com tee to make enquiry relating s d accounts. 

The House adjourned for two Hours. 

[p. 203.] 3 o'clock p. m. 

The House met according to adjournm*. 

Voted That the members of this & the last House be allowed 
for y e following Distances from the Court to their Houses for 
Travel, viz. from the Court 

to Mr. Speaker Stevens' 23 miles 

to Sam 1 Palmers, Esq. 14 miles 

to Mr. John Sanborns 16 miles 

to Mr. Meshech Weares 16 miles 

to Coll. Peter Gilmans 15 miles 

to Mr. Zeb n Gideons 15 miles 

to Thos Bell Esq. 4 miles 

to Moses Leavitt, Esq. 12 miles 

to Capt. John Nutters 6 miles 

to Jo n Macmurphy Esq. 36 miles 

to Rich d Jennes Esq. 9 miles 

to Clem* March Esq. 5 miles 

to Capt. Jonth n Chesley 12 miles 

to Mr. Tho s Youngs 15 miles 

to Mr. Jonth n Locks 7 miles 

to Mr. Joseph Philbricks 14 miles 

to Capt. Wm. Frosts 4 miles 

to Joh n Fabyan Esq. 6 miles 

to Capt Israel Gilmans 16 miles 

to Capt Jonth n Tomsons 14 miles 

to Capt Tho s Millets 8 miles 

to Capt. John Wingets 10 miles 

to Coll. Tho s Wallingford 16 miles 

to Maj. Tho s Davis ' 13 miles 

to John Gage, Esq. 12 miles 

After much Debate whether the House would proceed to Judge 
of the Return of Dover members or not before they proceeded to 
Judge of the merits, 

Voted in y e Negative — and then 

Voted That the House proceed immediately to hear the Parties 
& their Evidences on the merits ; upon which they were called in 
& fully heard & the Evidences carefully examined on both sides, 
and [p. 204.] then it being late y e House determined by vote to 
consider on the affair early tomorrow morning, & then adjourn'd 
till to morrow 8 o'clock. 



332 PROVINCE OF NEW-HAMPSHIRE. [1745 

Wednesday June 12 th 1745, a. m. 

The House met according to adjournment. 

Upon a motion made by some of the House whether Mr. Tho 8 
Young ought to judge in the Dispute upon Dover Election or 
not, Voted in the affirmative. 

A motion being made by Mr. Wear & others to have the Ques- 
tion put whether an Election can be due unless the Qualifications 
of the Electors be judg'd of by the Selectmen & moderator or 
the major Part of them as directed by the Triennial Act, The 
majority of the House are of opinion that y e Question ought not 
to be put, and then after considerable Debate it was put whether 
Maj r Thomas Davis, John Gage Esq. & Coll. Tho" Wallingford 
were legally elected to represent y e Town of Dover or not. 

Voted in the affirmative. Whereupon Nath 1 Rogers Esq. Elez r 
Russell Esq. Mr. Henry Sherburne jr. Coll. Peter Giilman, Mr. 
Zeb n Gideons A: Mr. Meshech Weare, pray'd leave to enter their 
Dissent & to file their Reasons. The House gave them Leave to 
enter Dessent & they did dissent, & y' House suspended the mat- 
ter of their filing their Reasons for further consideration. 

[p. "205.] Voted Thai the s' 1 Maj r Tho 8 Davis, John Gage Esq. 
& Coll. Tho 8 Wallingford be admitted to have seats in this House. 
Whereupon, X.ith 1 Rogers, Ksq. Klea// Russell, Esq. Mr. Henry 
Sherburne, jun. Coll. Peter Gilman, Mr. Zebulon Gideons & Mr. 
Meshech Weare pray'd leave to Dissent & accordingly did Dis- 
sent. 

The Petition of Israel Gilman & others representing some 
unfair Practices in y e Town meeting for choosing a Representa- 
tive for N. Market, being read & the Parties appearing are fully 
heard & the Evidences Examin'd, & it is voted that the House 
come to a Determination on this Point directly before any ad- 
journment, & after considerable Debate y e Question being put by 
yeas & Nays whether the Pole was demanded in season & accord- 
ing to Law, it passed in the affirmative. It was therefore 

Voted, That the Election of Mr. Tho s Young, to represent N. 
Market is unlawful & y l he accordingly be dismiss' d this House 
& that a Precept go out from the Speaker of y e House to the 
sheriffe requiring him to send a Precept to the Selectmen of s d 
N. Market requiring them to call y e Free Holders of s d Parish 
together at some convenient place in s d New Market as soon as 
may be & choose a suitable person to represent them in y e Gen 1 
Assembly of this Province now sitting & to direct them to notify 
[p. 206.] the Person so chosen to give his attendance in this 
House on Wednesday next being the nineteenth current, if the 
Court be then sitting, if not on the first day of the Courts sitting 
afterwards, & to make return of their doings unto y e Clerk of 
this House on or before s d 20 th day of June current. The House 
adjourn'd for two Hours. 






1745.1 



./OCRNAL OF THE HOUSE. 



333 



4 o'clock p. m. 

The House met according to adjournment. 

Mr. Secretary AtkinsoD came into the House & inform them 
that y votes on Joseph Moulton jun. three acc ta Coll. Rolf's 
muster Roll & arc' Capt. Jon 11 Chesle} muster Roll X' y vote for 
one months subsistance more, A slopes &c. for y e soldiers on y* 
Lonisburgh Expedition, Com tee! Report for one Hun d d men, Coun- 
cil, Assembly, Secretary A: Clerk of Assembly their allowance, 
were concurr'd & assented to by the Governor. 

After some debate about a proper method for defraying the 
charge & some Questions being put it appear'd to be the opinion 
of the House that a Vote should be prepared for the [repressing 
the sum of six thousand pounds to be p d in six equal annual Pay- 
ments from & after the year 1760 for & towards defraying y 
charge of the Hundred men & for further paying Victualling &c 
the Forces already on the Expedition in Pay of this IV" \ ince, and 

Voted, That Mr. Meshech Wean & I il. Wallingford be a 
Com 1- * to Draw up a vote accordingly. 

[p. 207.] Voted Unanimously that his Exc y e Gov r be desired 
to direct j Treasurer to la} all the Publick ace' before the Hous< 
as Boon as ma} be. 

Voted, That Coll. Wallingford, Mr. Henrj Sherburne jun. & 
Coll. Gilman be a Com te< to join with such as th< Hon Council 
may appoint to examine the Treasurers ace 1 & all other acc u that 
the House maj lay before them. 

The House adjourn'd 'til to morrow 9 o'clock. 



Thursday June 1 •'«' 1 i 15. 

The House met according to adjournment. 

A Bill for an Act in addition to an Act Entitled an Act for the 
Settlement A: Distribution of y* Estate of Intestates &c. rtead 
the first time in the House. 

Inasmuch as the Houses' vote about choosing a Recorder was 
nonconcured by v II<>n" Council 

Voted, That Coll. Peter Gilman, Esq. John Gage, Esq&Nath 
Rogers, Esq.be a Com te< to draw up a Vote for y choice of 
Recorder & present it t" tin- House as soon a- may he. 

The House adjourn'd for two I [ours. 

P.M. The House met according to adjournment. 

Whereas there i> an Expedition undertaken against the French 
(his Majesties Enemies) at Lonisburgh for \ deduction thereol 
& this Province lias already rais'd & sent a Number of Forces foi 
this end, and Whereas in order to accomplish y e Design a Rein- 
forcement [v. 208.]of them appears necessary & that they be kept 
in pay longer than was at first expected, & y e circumstances of this 



334 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Province being such that in order hereto a new Emission of Bills 
of publick Credit is necessary & that the Drawing & sinking the 
same should be put off to some distant Period, 

Voted, That there be forthwith imprinted & signed by a Com tee 
or Com tees to be appointed by the Gen 1 Assembly for that purpose 
the sum of six Thousand Pounds in Bills of Cred* equal in value 
to so much in Bills of Cred' on this Province of y e last Emission 
& in such Form as shall be agreed upon by y e Gen 1 Assembly for 
the supplying the Treasury, for the Defraying y e charge of the 
men that shall be rais'd & sent from this Province for a reinforce- 
ment to carry on s d Expedition & of our Forces already rais'd for 
the Time needful they should be kept in pay longer than they are 
already provided for, & the charge of Imprinting & signing the 
same & that y e s d Sum be put into the Treasury and there remain 
for the Ends, uses & Purposes afores d , and to be appropriated for 
y e use & carrying on of the Expedition as the Gen 1 Assembly 
shall order, for the Payment of one Hundred voluntiers, officers, 
soldiers & seamen for two months, to be raise & sent for a Rein- 
forcement for y e carrying of the s d Expedition, one month pay to 
be advanced to each man & the Rest paid when the Muster Rolls 
[p. 209.] are allowed of by the Gen 1 Assembly & for purchasing 
Provisions & other necessary Stores & for procuring & fitting 
vessells for Transports & Payment of Committees that shall be 
appointed by the Gen 1 Assembly to procure Vessels, Provisions, 
stores & other necessaries for the s d Reinforcement & for further 
supplying of our Forces already rais'd, w ch Provisions stores & 
other necessary 8 for such time as it shall be needful that they 
should be kept in Pay longer than they are already provided for, 
as shall be agreed by the Gen 1 Assembly & for defraying the 
charge of Imprinting & signing s d Emission of Bills, And as a 
Fund & Security for Drawing in & sinking the s d Bills that there 
be a Tax on y e Pole & Estates within this Province in six equal 
annual Payments from & after the year 1760, payable by the 25 th 
Day" of December in Each of the s d years, & that the Treasurer 
of this Province for the time then being issue out his Warrants 
for the Drawing in & sinking the same as afores d agreeable to the 
last Proportion of the Province Tax unless a new Proportion or 
Proportions should be made by the General Assembly, in which 
case the s d sum shall be drawn in agreeable to the Proportion 
next immediately preceding the respective Payments. That what 
of the s d sum shall be drawn into the Publick Treasury from 
time to time shall be burnt to ashes in the Face of the Gen 1 As- 
sembly & that in case the s d sum or any part thereof shall not be 
used or improved for the Particular Ends, uses & Purposes afores d 
[p. 210.] the same shall lye in the Treasury in order to be burnt 
&> sink so much of the s d sum, unless the same shall be otherwise 
ordered & disposed of by the Gen Assembly, & that the Treas- 
urer for y e Time then being issue out his Warrants for so much 
as shall be drawn out of the Publick Treasury by warrants agreea- 



1745.] JOURNAL OF THE HOUSE. 335 

ble to this Vote & no more. That each & every warrant for 
drawing any of the s d money out of the Treasury shall be sign'd 
by his Excellency the Governour & shall be by & with the advice 
of the Council, agreeable to this vote. 

And that there be a gen 1 Liberty given in the Act for Payment 
of s d sums of six Thousand Pounds in such sort of Species & in 
such a way & manner as is set forth in an Act intitled an Act for 
granting unto his most Excellent Majesty the sum of £4720 Bills 
of Cred 1 equal to so much Proclamation money for supply of the 
Treasury which Act was pass'd Ap r 3 d 1742, & that a Com tee or 
Com tees be appointed by y e Gen 1 Assembly to procure & fit y e vessels 
for Transports & purchase all the Provisions & other necessary 
Stores for the Reinforcement mentioned in the vote, & that an 
Act be drawn up accordingly & that Tho 8 Wallingford Esq. & 
Mr. Meshech Weare be a Com tee of this House with such as the 
Hon ble Council shall appoint to get the Act drawn up. 

Sent up by Clem 1 March & Tho s Bell Esqs. 

Voted That a message be sent up to his Excellency praying 
him to inform the House whether the forty-five men or any Part 
[p. 211.] of them voted by the Gen 1 Assembly on the 11 th of Ap r 
past for guarding the Frontiers for two months were sent out or 
not. Sent up by Mr. Davis. 

The Secretary came down & return'd the vote for a Com tee to 
audit the acc ts & said y e Council had two objections against it. 

Mr. Secretary came down & said his Excellency sent him to 
enquire if there would be anything ready to send up to Night. 
Mr. Bell sent up to inform his Excellency that there would be 
nothing ready to send up this Evening. 

The Hon ble Ric d Wibird, Esq. came down & said his Excellency 
sent him to inform the House in answer to their message enquiring 
whether the forty-five men had been sent out, that his Excell y had 
directed the several Colls, to inlist men, but by reason of the last 
muster Rolls not being pass'd he could not inlist any, so only five 
or six had been sent out to Canterbury. 

Voted unanimously that D. Peirce be Recorder of y e Province. 

The House adjourn'd 'til tomorrow 9 o'clock. 



Fryday June 1 4 th 1745, a. m. 

The House met according to adjournment. 

Voted, that Coll. Peter Gilman Esq. John Gage Esq. Mr. Me- 
shech Weare be a Com tee to prepare a Bill to be past into an Act 
in addition to an Act to settle the Excise, & present to the House 
as soon as may be. 

The following vote sent up by Mr. Jennes & Mr. Macmurphy. 

[p. 212.] Voted, That Mr. D. Peirce, Gen* be Recorder of 
Deeds & Conveyances of Land for this Province for one year 
from y e fifteenth of this Instant June & until the third day of the 



336 PROVINCE OF NEW-HAMPSHIRE. [1745. 

next setting of the Gen 1 Assembly after the Expiration of y e s d 
Term, & that he shall not be qualified to act as Recorder until he 
has given Bond with sufficient suretys to the Speaker of the House 
of Representatives for the time being, in y e sum of two thousand 
Pounds & taken an Oath for the faithful discharge of y e s d office, 
and that the Fee for recording shall be six pence a Page each 
page to consist of twenty eight Lines eight Words to a Line, & 
three pence for y e attestation of such Record & its being compared 
with the Original, & y e same for a copie from the Records & the 
attestation thereon of its being compared with the Book : and 
that Coll. Henry Sherburne, Rich d Wibird, Maj r Eben r Stevens* 
Nath 1 Rogers, & Tho s Bell, Esqs. be a Com tee they or the maj r 
part of them to take the Books & Papers belonging to y e s d office 
of Recorder into their Custody in case of the Death or Incapacity 
of y e s d Recorder on y e Expiration of the Term above mentioned 
& them safely keep until further order of y e Gen 1 Assembly ; and 
it is further voted, that s d Com tee or the maj r part of them take a 
List of all y e Books now belonging to the s d office & a Rec* for 
the same from the Recorder, & that they be under oath for the 
faithful discharge of their Trust & that Duplicate of the s d Receit 
be lodg'd in the Secretarys office. 

[p. 213.] Voted That y e member for Rey be seated & placed 
immediately next to New Castle. 

The Secretary came down & inform'd the House that the vote 
for the choice oi a Recorder & settling his Fees was coneurr'd by 
y e Council & assented to by the Governour. 

The Secretary & y e Hon ble Jon. Downing Esq. came down <fc 
bro't the vote for 6000£ & said that the Council were of opinion 

[p. 214.] 1 st That more money would be wanted & that it 
would be best to make a larger sum. 

2 d . That they apprehended that some difficulty would arise w th 
his Excellency on ace* of the time, but that they thought if the 
House would come into making £10,000 to be p d in again in five 
years, they tho't it would be best &• that his Excellency would 
consent to it. The House after considerable Debate resolved to 
adhere to their vote & sent it up again by Mr. Weare & by Mr. 
Sanborn. 

Mr. Secretary (1) the Hon ble Sam 1 Solly, Esq. & the Hon ble Sam L 
Smith Esq. came down & informed the House that y e Council had 
coneurr'd the vote for £6000, & that it was laid before the Gov r 
for his assent, & that inasmuch as the vote is directly contrary to 
his Excell yB Instruction, he desir'd a Com tee of this House might 
be chosen to join such as may be appointed by the Hon ble Council 
to desire the agent to implore his majesty (if any censure or as- 
persion should happen upon his Exceil ys conduct in that matter) 
to excuse it & that it may appear to be the earnest Desire of this 
House upon so extraordinary an Emergency. 

The House adjourned for two Hours. 

(1) This paragraph is recorded by mistake on the 213 MS. page.— Ed. 



1745.1 JOURNAL OF THE HOUSE. 337 

P. M. 

The House met according to adjournment. 

Voted, That his Excellency the Governour be desir'd to lay 
before the House as soon as may be a Copie of his Instruction re- 
ferred to in his Excellencys message by Mr. Secretary, y e Hon ble 
Jo n Downing Esq. & the Hon ble Sam 1 Smith, Esq. which forbids 
his consent to Emitting money. 

Sent up by Rich d Jennes Esq. & Mr. Gidding. 

The Secretary came down & told the House that if they wanted 
the Instruction immediately that they requested his Excellency 
would go home & fetch it, & accordingly the Secretary did soon 
after bring into the House an attested Copie of said Instruction, 
it being the Nineteenth in Numb r (l). 

[p. 215.] The House taking under consideration the part of 
his Exc ys Speech which recommends the making provision for the 
support & maintainance of Fort Dummer, — his Majesties Royal 
order dated at Kensington, y e 6 th Sept, 1744, & some other Papers 
relating thereto that were read & after mature debate it was 

Voted, That the affair of Fort Dummer be suspended till to- 
morrow 9 o'clock & then, 

The House adjourn'd till to morrow 9 o'clock. 



Saturday June 15 th 1745, a. m. 
The House met according to adjournment. After considerable 
Debate it was put whether the House would take under consider- 
ation any motion that had been already made before they pro- 
ceeded to the affair of Fort Dummer and it pass'd — Voted in the 
Negative, and then it was put whether the House would receive 
Fort Dummer, Yea or Nay, & pass d in the affirmative. 

For receiving Fort Dummer. For not receiving. 

Maj r Tho s Davis Eleaz 1 ' Russel Esq. 

Mr. John Sanborn Mr. Zeb n Giddinge 

Rich d Jennes Esq. Col. Peter G;lman Esq. 

Moses Leavit, Esq. Nath 1 Rogers, Esq. 

Capt. John Nutter 

Clem 4 March Esq. 

Capt. Jon th Chesley 

John Macmurphy Esq. 

Thos. Bell, Esq. 

Sam 1 Palmer Esq. 

John Gage Esq. 

Coll. Tho s Wallingford, Esq. 

[p. 216.] Beit therefore 

(l) See foot note, page— .—Ed. 

22 



338 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Voted, That there be such provision made for the support & 
maintenance of s d Fort as the General Assembly from Time to 
Time shall think proper. 

Voted, That his Exc y the Capt. General be desired to enlist or 
impress twenty good effective men to be by him imploy'd in his 
Majesties service for six months as a Garrison for Fort Dummer 
& to be there stationed, that they have the following allowance 
for wages, viz. 

One Captain twenty shillings pr. month. 

One Lieutenant thirteen shillings & six pence pr month. 

One Sergeant thirteen shill 8 & six pence pr month. 

One Corporal twelve shills. pr month, and sixteen centinels each 
ten shills. pr month, and that each of the s d twenty men be al- 
lowed eight shills. pr month for providing himself with provisions. 

Mr. Secretary came down & informed the House that the two 
votes relating to Fort Dummer were concurr'd by y e Council & 
assented to by his Excellency, and added further y s in full confi- 
dence, that the House would write such a Letter as had been 
recommended, his Excel 7 had assented to the vote for six thou- 
sand Pounds & that his Excellency the Gov 1- directed him to ad- 
journ the Gen 1 Court till Tuesday ten o'clock, a. m. 

[p. 217.] K B. Coll. Peter Gillman, Mr. Zeb n Giddinge, Eleaz r 
Russel Esq. prayed Leave to enter their Dissent against y e two 
votes relating the receiving & garrisoning Fort Dummer, & ac- 
cordingly they did Dissent & Nath 1 Rogers Esq. did dissent 
against y e vote for desiring his Excellency to enlist or impress 
twenty good effective men, <fcc. (which ought to have been enter'd 
before y e minuit of the last adjournment of y e Court). 



Tuesday June y e 18 th 1745, a. m. 
Some of the members met according to adjournment. 
Mr. Secretary came into the House & said his Excellency the 
Gov r had adjourn'd y e Court til 3 o'clock afternoon. 

P. M. 

Some of the members met according to adjournment, but no 
House to act. 

Mr. Secretary came into y e House & said his Exc y adjourn'd the 
Court till tomorrow ten o'clock. 



Wednesday June 19 th 1745, ten o'clock, a. m. 
The House met according to adjournm* & 
Voted That the Com tee appointed to take care of the Province 
Records in case of y e Death or Incapacity of the Recorder be 



1745.1 JOURNAL OF THE HOUSE. 339 

impower'd to prepare a proper Bond for y e Recorder to sign 
agreeable to the vote. 

Voted That N. Rogers Esq. & Coll. Tho s Wallingford Esq. be 
a Com tee to draw up a proper Act for y e Relief of poor Prisoners 
for Debt. 

Voted That Rob* Miller be allowed twelve shills. & six pence 
in full for his service in Scouting last Summer, to be p d out of y e 
money bro't into the Treasury last year for Defraying the charge 
of the Government. 

[p. 218.] Voted Capt Jeremiah Clough be allowed twenty two 
shills. & six pence for billeting of y e Indian named Christo from 
19 th Dec r to 19 th Jan y & y e s d Christo for his wages for s d time 
twenty six shills. & nine pence, to be p d out of the money bro't 
into the Treasury last year by Prov. Tax for defraying the charge 
of Government 

[The following is the Bill presented by Capt. Clough. — Ed.] 

The Prov. of New Hamp r to Jeremiah Clough Dr. 
To keeping of Christo By order of the Capt. General 30 Days 
from the 19 th of Dec r to the 19 th of Jan>' 1744-5 . 

To billeting at 3s pr Day ) £4:10:0 

To his wages ( 5:7:0 



£9: 17: 

Jeremiah Clough. 
Prov. of N. Hamp r . 

In y e House of Repres s June 19, 1745 Jere h Clough aboves d made oath to y e 
truth of y e above am* before y e House. 

D. Peirce Clk. 

The House adjourned for two hours. 

Wednesday June 19 th 1745, p. m. 

The House met according to adjournment. 

Voted, That Coll. Tho 8 Wallingford Esq. John Gage Esq. and 
Maj r Tho s Davis be allowed their wages as other members from y e 
Day of their being sworn as members to y e Day of their taking 
their seat in the House except one day. 

Agreeable to the Precept from the Speaker of this House to 
the Sherrif requiring him to issue out his writ to the Freeholders 
of the Parish of New Market to convene & choose some meet 
Person to represent s d Parish in the Room of Mr. Tho s Young 
who was dismiss'd this House, Tho 3 Packer Esq. Sherrif makes 
Return y e Capt. Israel Gilman was chosen to represent s d New 
Market, & John Macmurphy & John Gage Esq. were sent to in- 
form his Excellency thereof & to pray that he might be qualified. 

Whereas his most gracious majesty has been pleased of his 
royal Bounty to send to this Government a Parcel of ordinance, 
Powder, shot and other Stores (as pr an Invoice laid before this 
House this day) now in this Harbour on board y e ship Anne & 
Jane, Anthony Hammond Master, 



340 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Voted, That the charge of Landing s d ordinance Stores &c. be 
p d out of the money in the Publick Treasury for the Defence of 
y e Government when the ace* shall be allowed by y e Gen 1 As- 
sembly. 

Coll. Wallingford &> Capt. Gage were desir'd to go to New 
Castle & inform themselves of best method of Landing y e ordi- 
nance, &c (1). 

A Paragraph of Mr. Thomlinson's letter, 15 th March, 1744-5, 
relating to the Powder. 

[Copied from MS. Corr. in Secretary's office, Vol. I, p. 207.] 

" Capt. Hammond with your ordnance Stores is still here. I think these 
Stores, and this ship have been most fatally Detain' d. I was two years at 
great trouble, pains and Expence to obtain those Guns &c. and since I have 
had the greatest trouble imaginable between the Lords of the Admiralty and 
the office of Ordnance ; I wish they were at last got safe to you, and that you 
make good use of them. I hope the Province will enable me to pay for the 
gun-powder, as I am in their behalf bound to do the next September." 

In another letter he says — "lam obliged to pay in Sept. next £690 for the 
Powder, w ch I hope the Province will enable me to do." 

From the office of Ordnance : 

The 180 barr ls Powder amounts to £654. 

¥r t & S'pindent charges at 4£ pr Ton, on the Powder & other Stores, being 
on 233 Tons=charged £932. 

Copy from the Original order, 

Theodore Atkinson, Sec^. 
Adjourn'd till to morrow 9 o'clock. 



[p. 219.] Thursday June 20 th 1745. 

The House met according to adjournment. 

Mr. Giddinge & Clem 1 March, Esq. were desired to wait on his 
Excellency & pray him to direct that the member return'd for N. 
Market be qualified, who returned & said his Excellency would 
soon be at Council. 

Whereas y e act in addition to an Act intituled an Act for 
granting unto his Majesty an Excise on several Liquors &c. which 
was made & pass'd by y e Gen 1 Assembly of this Province in the 
15 th year of his Majesties Reign & which was to be in force for 
the space of three years from the 15 th day of May 1742, expir'd 
15 th May last past, 

Voted, That the s d act be revived & continued for five years 
from the first day of July next & that Coll. Peter Gilman & Mr. 
Meshech Weare be a Com tee of this House to join with such as 
may be appointed by the Hon ble Council to draw up an act ac- 
cordingly. 

(1) See " Journal of the House," Oct. 30, 1744, p. 255.— Ed. 



1745.] JOURNAL OF THE HOUSE. 341 

The Secretary came into the House & said his Excellency had 
nothing lay before him relating any new member & that there 
were twenty return'd by y e Sherrif agreeable to the King's writ 
& qualify'd. Upon which the House sent Mr. Weare & Mr. Gid- 
dinge to inform his Excellency in answer to s d message, that as 
to Mr. Young who was return'd from New Market & qualified 
there was a complaint of an undue Election of him, & the House 
upon hearing the Complaint judged it was not a proper Election, 
upon which a Precept went from y e Speaker for a new choice & 
Capt. Israel Gilman was return'd on that Precept, which is the 
member the House prays may be qualified. 

[p. 220.] The Hon ble Rich d Wibird Esq. & the Hon ble Sam 1 
Solly Esq. came into the House & s d his Exc y had given orders 
for Landing y e Powder sent by his Majesty at the Fort but that 
he did not think it safe to keep it all in one place & therefore de- 
sir'd the House would provide some proper Place wherein to lodge 
part of y e Powder. 

The House adjourn'd for two hours. 

Thursday June 20, 1745, p. m. 

The House met according to adjournment. Mr. Secretary came 
into y e House & said his Exc y desired to see the Return that the 
Sherrif made to the House of the Xew Market member. Sent 
up by Mr. Weare, & return'd again immediately by Mr. Secretary 
and the Hon ble Rich d Wibird, Esq. who qualified Capt. Israel Gil- 
man, the person returned by the Sherrif to represent New Market 
in y e Room of Mr. Young, by the proper oaths, & the s d Capt. 
Israel Gilman was directed by the Speaker to take his place in y e 
House. 

Mr. Secretary came again into the House & said his Excellency 
met with difficulty in raising the hundred men for "the reinforce- 
ment of our Forces at Louisburgh, for that the ten shills. allowed 
for inlisting men was tho't by Gentlemen likely to raise companies 
not to be sufficient for that Purpose, men being now more strag- 
ling that when the last voluntiers were raised. 

Whereas a reinforcement of y e Forces before Louisburgh is 
strongly urged by Gen 1 Pepperrill and Commodore Warren, &c. 
& his Exc y has been pleased to represent by a message to the 
House, y* it may be difficult for the Captains that may have beat- 
[p. 221.] ing orders to raise men for y e allowance granted for in- 
listing the last Voluntiers, it is therefore 

Voted That each Captain be allowed three shills & nine pence 
for each & every voluntier that he shall inlist to proceed on s d 
Expedition (to be p d out of the money that shall be put into y e 
Publick Treasury by the six thousand Pound vote) when his 
Company is full. Sent up by Mr. Bell. 

Whereas a vote pass'd in the House the 4 th of April last past 
desiring his Exc y the Capt. General to inlist or impress a Number 
of good effective men to be by him imployed for two months in 



342 PROVINCE OF NEW-HAMPSHIRE. [1745. 

his Majesties service in guarding the Frontiers &c. which vote was 
concurr'd by the Hon ble Council & assented to by his Excellency 
the Govern our, 

Voted, That each of the s d men to be imploy'd in s d service for- 
guarding y e Frontiers have one shilling and six pence allow'd 
them pr. month more than their wages to furnish themselves with 
ammunition to be paid when the Muster Rolls shall be made up 
& allowed by y e Gen 1 Assembly. Sent up by Mr. Giddinge & 
Maj. Davis. 

Sundry women came into the House & pray'd for part of their 
Husbands wages, &c. 

Voted That there be allowed & p d out of the money in the 
publick Treasury for Payment of officers & soldiers on the Expe- 
dition against Louisburgh to each voluntier in the service of this 
Governm 1 on s d Expedition, his wife or legal Representative 
twenty shillings in Part of his wages. Sent up by Mr. Giddinge 
& Maj r Davis. 

[p. 222.] The House adjournal til to morrow 9 o'clock. 



Fryday June 21 st 1745. 

The House met according to adjournment. 

Voted That y e Committees for imprinting signing & letting out 
the twenty five thousand Pounds Loan money, as also the Com- 
mittee for managing the Repairs of Fort William & Mary be all 
directed to lay their accounts of their proceedings in the several 
Trusts reposed in them before the Gen 1 Assembly as soon as may 
be for their allowance. Sent up by Mr. Giddinge & Maj r Davis. 

Voted That Eleaz r Russell Esq. & Tho s Bell Esq. be a Comm tee 
to look out for a proper Place to lodge the Powder in that belongs 
to the Province & make Report to this House as soon as may be. 

Voted, That y e six thousand Pounds already voted for be all 
struck off upon the great Plate. 

Voted, That Rich d Jennes Esq. be appointed by this House to 
join such as may be appointed by the Hon ble Council to go imme- 
diately to Boston and git the six thousand pounds which the Gen 1 
Assembly have voted to be impressed for further carrying on y e 
Expedition against Louisburgh, imprinted with all possible Dis- 
patch on the best terms they can get it done, & that it be struck 
from the same large Plate as y e large sheets of the £13000 were 
struck from, & that they convey it safely to the Com tee to be ap- 
pointed to sign it as soon as it is imprinted, that y e large Plate 
now in Possession of the Com tee for impressing the £13000 be de- 
liver'd unto s d Com tee & y 1 the Com tee be under oath for the faith- 
ful Discharge of the Trust reposed in them. Sent up by Mr. 
Gage & Levit. 

[p. 223.] Voted that the Hon ble Eben r Stevens Esq. Sam 



1745.] JOURNAL OF THE HOUSE. 343 

Palmer, Esq. & Thomas Wallingford Esq. be a Com tee of this 
House to join with such as may be appointed by the Hon We 
Council to sign the six Thousand Pounds Voted to be impressed 
for further carrying on the Expedition against Louisburgh & that 
s d Com tee or any three of them sign each Bill, & when they are 
sign'd that they deliver them to the Treasurer of y e Province for 
y e time being, & that they be under oath to y e faithful Discharge 
of the Trust reposed in them. Sent up by Mr. Levit & Mr. Gage. 

Mr. Giddings & Maj r Davis were sent up with sundry votes, 
viz. The vote of 1 : 6 for each man imployed in Scouting to 
supply himself with ammunition, & the vote for 20s advance 
wages to the wife &c of the soldiers on y e Expedition against 
Louisburgh, & the vote for requiring the Com tee for imprinting 
&c. of £25000 Loan & the Com tee for the Repairs of the Fort, & 
were ordered to enquire what was done by the Board upon the 
Excise vote. They Report that the vote was concurr'd by the 
Board & assented by the Gov r & that the Hon ble Mr. Odiorne was 
appointed by the Board to join the Com tee of y e House to draw 
up an Act accordingly. 

Mr. Secretary & the Hon ble Mr. Solly came into the House & 
return'd the vote for advancing 20s to y e Wifes &c. of the soldiers 
on the Expedition ag st Louisburgh, and said the Govern our & 
Council recommended to advance two months wages to the offi- 
cers, & left s d vote to be reconsidered by the House, & that the 
Gov r desired the House would make some Estimate what Pro- 
portion of the Powder sent by his Majesty might be proper to 
Distribute in the several Towns before they proceeded to pass 
votes relating thereto. 

[p. 224.] Voted That the Com tee formerly appointed by the 
Gen 1 Assembly in the 13000£ Act for managing the affairs of & 
carrying on the Expedition ag st Louisburgh be also impower'd to 
carry on & manage all affairs relating to the Reinforcement & 
make all Provision necessary therefor. 

The House adjourned for two hours. 

Fryday June 21, 1745, p. m. 

The House met according to adjournment. 

John Macmurphy Esq. pray'd leave to enter his Dissent ag st 
the vote that impower'd the Com tee formerly appointed by the 
£13000 Act for managing the affairs of y e Expedition &c. to 
manage the Reinforcemeut etc. & accordingly did Dissent. 

Voted That there be paid out of the money in y e Treasury for 
payment of officers & soldiers on y e Expedition against Louis- 
burgh to Mad" 1 Mary Moore wife of Coll. Sam 1 Moore Esq. who 
is gone on s d Expedition (she having rec d an order from him to 
draw y e same) two months pay as part of his wages besides the 
monthly pay already advanced, & that there be likewise paid to 
any other person or persons that shall have an order from any 
other of the Commission t officers on s d Expedition in pay of this 



344 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Government, two months pay besides the months pay already 
advanced, as part of their wages. Sent up by Mr. Giddings & 
Mr. Sanburn. 

Mr. Secretary bro't down the Petition of Joseph Lock which is 
[p. 225.] read representing that he commenced an action against 
y e Proprietors of Epsom in s d Province & that on a Review at 
the Superiour Court the s d Proprietors recover'd cost against him, 
that he conceives the trial was not fair &c. and prays that Enquiry 
into the Premises may be made. 

Voted 4}hat y e Petitioners be heard on his Petition on y e second 
day of the setting of the Gen 1 Assembly after August next, & 
that y e Petitioners serve the Proprietors of s d Epsom with a Copy 
of the Petition & this order of Court within thirty days of this 
date, & that s d Clerk notify the s d Proprietors of s d Epsom to 
appear & shew cause if any they have why the Prayer of the 
Petition should not be granted. Sent up by Capt. Jennes. 

The Clark of this House made a motion viz. to know whether 
he ought to give Coll. Benj. Rolfe copies of several Petitions that 
were laid before some of the late Assemblys or whether he was 
to give copies of any other Papers &c. belonging to or that lay 
before this House. After much Debate, ordered, That the farther 
consideration of s d motion be suspended till tomorrow morning. 



Saturday June 22 d , 1745, a. m. 

The House met according to adjournment. . i 

Whereas the grant for twenty men for his Majesties Fort Wil- 
liam & Mary for two months is expired, 

Voted That his Excellency the Capt General be desir'd to en- 
list twenty good effective men to be by him imployed in his Maj- 
esties service at Fort William & Mary for four months at twenty 
five shills. pr month & that if they cannot be inlisted his Excel- 
[p. 226.] lency the Capt. General be desired to impress the s d 
twenty men to be posted at his Majesty's s d Fort for two months. 
Sent up by Capt. Bell. 

The vote for advancing twenty shills. to each voluntier on y e 
Exped" which was bro't back to the House to be reconsider'd was 
sent up again by Mr. Giddings & Mr. Sanborn. 

Mr. Secretary & the Hon ble Mr. Solly bro't into the House the 
Bill of parcels & Mr. Thomlinson's Letter relating to Ordnance 
Powder &c lately sent to this Province by his Majesty, also y e 
Treasurer's Estimate of what money had been expended on y e 
Expedition ag st Louisburgh & said the Council were of opinion 
that more money than what was provided would be necessary for 
the Expence of the Reinforcement, &c. They also bro't down 
the Petition of Dan 1 Meader & y e Memorial of Benj a Thomas 
and also desir'd that y e House woul(| send up sundry Petitions 



1745.] JOURNAL OF THE HOUSE. 345 

that lay in this House which were directed to Governour, Council 
& Representatives & not yet acted upon. They also said that 
the Council objected to y e vote that appointed the Committee for 
the Reinforcement of y e Forces at Louisburgh for they tho't by 
that vote if concurrVl that the Board were obliged to choose such 
Gentlemen of the Council as the House had appointed for s d Com- 
mittee & that they did not design to appoint any of those that 
were of the former Committee of Warr for the Reinforcement 
'til they had seen their former accounts. 

The memorial of Benj. Thomas representing his being sorely 
wounded on y e Expedition ag st Louisburgh & praying for suitable 
support in his low Estate being read : 

[p. 227.] Voted that there be allowed & p d to the s d Benj n 
Thomas eighteen pence pr day for one month (to be rec'ond from 
the time of his arrival from Louisburgh) for subsist ance & at- 
tendance to be p d out of y e money in the Publick Treasury & the 
3000£ Act for contingencys & that Doct. Nath 1 Rogers "Esq. be 
desir'd to attend upon & administer unto him the said Benj n 
Thomas as need shall require until the Wound which he received 
on y e Expedition ag st Louisburgh be heal'd. Sent up by Coll. 
Wallingford. 

The Hon ble Rich d Wibird Esq. came down to y e House & s d his 
Excellency desir'd to know whether any thing was likely to come 
up before 12 o'clock, also desir'd the Papers relating to the Ordi- 
nance & Stores might be sent up. 

Said Papers were sent up by Mr. Macmurphy. 

Mr. Wibird came again into y e House & said his Excellency 
desir'd to know whether the twenty men Voted for the Fort were 
over & above the five men already in the Fort. 

Capt. Jennes & Mr. Giddinge were sent up to inform his Excel- 
lency that the twenty men included the five. 

After much Debate it was put whether the affair of sending up 
Petitions should be suspended for further consideration, Yea or 
Nay, and — Voted in the Negative. 

Voted That a message be sent up to know what Petitions the 
Council by their message by Mr. Secretarv desir'd. Sent up by 
Mr. Weare. 

Answer was That y e Board desir'd all the Petitions that are 
mentioned in the following Vote: 

[p. 228.] Voted, That all the Petitions that have been bro't 
before this House for two years past & not vet acted upon be sent 
up more especially Coll. Benj n Rolfs & Mr. Holts Petition & all 
other Petitions for soldiers Scouts &c for guarding Frontiers 
agreeable to y e Councils message pr Mr. Secretary. 



346 PROVINCE OF NEW-HAMPSHIRE. [1745. 

List of Petitions, found on a separate Paper. 

Suncook Petition for aid &c. June 1744. 
No. 4 on Con 4 River for men &c. East side, July 1744. 
John Hills Petition for men &c. 1744. 
Souhegan West, Ditto, for Ditto, 1744. 
Benj 11 Rolfs for Ditto, June 1744, 

Eb. Tinsdells & Josiah Willards Petition in behalf of Northfield. 
Benj. Holts Ditto for 30 or 40 men at Suncook, Ap. 30 th 1745. 
Benj. Rolfs Ditto for aid of men &c at Rumford, Ap. 30, 1745. 
John Cram &c Ditto for Ditto at Salem Canada, 1744. 
Richd Flood &c. Ditto for Ditto, 1744. 
West Parish of Dunstable Ditto for Ditto, June 1744, 
Souhegan West, Ditto for Ditto, 1744. 
No. 4 Ditto for Ditto. July 1744. 
Litchfield Ditto for Ditto, &c. 1744. 
Winchester lower Ashuelot Certificate, 1744. 
Dunstable Peoples Petition for Garrisons & men 1744. 
Gosport Ditto for men &c. July 20 th 1744. 
Henry Sherburn Ditto, Dec r 1744. 

Petition of many praying for men to go in an Expedition against Louis- 
burgh. 
Petition of Sarah Ball &c. wifes of the soldiers on y e Expedition Louiss h . 

Mr. Secretary came into the House and said he was directed by 
his Exc y to adjourn the Gen 1 Court till Monday 3 o'clock, p. m. 
and accordingly y e Court was adjourn'd. 



Monday June 24 th 1745. p. m. 
The House met according to adjournment, & then adjourn'd 
till tomorrow 9 o'clock. 



Tuesday June 25 th 1745, a. m. 
The House met according to adjournment. 
Muster Roll of a Scout to guard the Mast men John Gage 
Comm dr June & July 1744. 

Ephraim Tebbets jun. Sarg* 26 days, at 35s pr month. 
John Hubbard 26 



Days at 25s pr month. 



John Roberts 26 

Rich d Plumer 24 

Daniel Plumer 24 
Joseph Hall 28 

John Mills . 26 

Amounting to £8 : 10 : 2. 



Sworn to before the House by Ephraim Tibbets, jun. 

[p. 229.] Voted that the foregoing Muster Roll sworn to by 
Eph ra Tibbits jun. be allow'd & paid out of the money in the 
Publick Treasury by Tax last year to defray the charge of the 



1745.] JOURNAL OF THE HOUSE. 347 

Government amounting to eight Pounds ten shill 8 & 2d. Sent 
up by Capt. Bell & Capt. Chesley. 

Mr. Secretary bro't into the House a memorandum (as it is 
called) of the Difficult circumstances of Methuen District signed 
Daniel Peaslee Esq. 

Rich d Wibird & Tho s Millet, Esqs. bro't into y e House the Plates 
on which the 13,000c£ were struck viz. one Plate on which the 
large Bills were struck & one on which the small were struck & 
one back Plate, they also bro't into the House y e following Re- 
ceit, viz. 

Province N. Hamps r June 24, 1745. 
Eec d of y e Com tee appointed by y e Gen 1 Assembly of y e Province afores d 
for getting impress' d thirteen thousand Pounds for y e Expedition ag st Louis- 
burgh, &c. eleven thousand Pounds struck from y e large Plate &■ two thou- 
sand Pounds struck from y e small Plate agreeable to y e Act for emitting y e 
said sum of thirteen thousand Pounds. 

Peter Gilman Geo. Jaffrey 

Hen. Sherburne jun. Joth. Odiorne 

Nath 1 Rogers Theo. Atkinson. 

[p. 230.] They farther added that y e Com tee had three or four 
hundred blank sheets of y e large Plate & desir'd to know the 
Houses' mind relating 'em. 

The Com tee for making of the 13000£ for the Expedition ag st 
Louisburgh having bro't the plates on which s d money was struck 
into the House, 

Voted That Coll. Peter Gilman & Capt Ric h Jennes be a 
Com tee to join such as the Board shall appoint, forthwith to take 
s d Plates & secure y m in the Prov e Box. Sent up by Mr. Mac- 
murphy. 

The House adjourn'd for two hours. 

Tuesday June 25 th 1745, p. m. 

The House met according to adjournment. 

Voted That Tho s Bell Esq. & Capt. Israel Gilman be a Com tee 
to wait on his Excellency the Capt. Gen 1 & pray him to order the 
men voted by the Gen 1 Assembly to scout on the Frontiers to 
proceed on that duty as soon as possible. 

Mr. Secretary came into the House & said that his Excellency 
in answer to their message sent up by Mr. Bell & Mr. Gilman, 
sent him to inform the House that he tho't it would be necessary 
to make some addition or alteration in the vote that grants men to- 
scout on the Frontiers & that it would be better to allow y e men 
money to buy provisions or place Provisions at some place nearer 
to the Frontiers than Treasury is, & that ten of the men granted 
were now scouting at or about Canterbury. 

The House adjourn'd till to morrow 9 o'clock. 



348 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Wednesday, June 26 th 1745. Met according to adjournment. 

[p. 231.] Voted That there be paid out of the Treasury to each 
officer & soldier that shall be inlisted or imprest & kept out on 
his Majesties service scouting & guarding the Frontiers agreeable 
to y e grants of y e Gen 1 Assembly, nine pence pr Day to furnish 
themselves with Provisions & Rum in lieu of the customary al- 
lowance, if they will accept of y e same, otherwise it is voted that 
the Treasurer supply all such soldiers with Provisions & Rum as 
is usually allowed by this Province. 

Sent up by Coll. Wallingford & Mr. Sanborn. Mr. Secretary 
came into the House & return'd a Petition of Daniel Meader & 
said he was directed by the Council to inform y e House that their 
vote of the 21 st Instant appointing a Com tee for y e Reinforcement 
&c. was nonconcured. 

The Hon ble Theod e Atkinson Esq. came into the House & made 
a motion in favour of John Keniston's Widow representing her 
necessitous circumstances, y e s d John being killed on the Expedi- 
tion against Louisburgh. 

After Debate 'twas put whether Coll. Blan chard should be 
allow'd any thing for doctoring, Nursing, &c. of Coombs. Vote 
pass'd in the Negative. 

It was also put whether Coll. Blanchard should be allowed any 
thing for Expresses sent beyond or without the extent of his 
Regiment. Vote pass'd in y c affirmative. 

The House adjourn'd for two Hours. 

June 25 th 1745, p. m. 

The House met according to adjournment. 

Voted That there should be but three of y e members of this 
House chosen for a Com tee to manage y e Reinforcement & y* the 
Hon blc Eben r Stevens Esq. Tho s Bell Esq. & John Gage Esq. be 
appointed for y e purpose afores d . 

[p. 232.] There being a full House it was put whether there 
should be any more than £6000 imprinted to defray the charge of 
y e Reinforcement & pass'd in the Negative. 

Capt. Jon. Gage Esqs. Muster Roll to guard the Hewers of 
Masts was again sent up & y e Board was inform' d that y e s d 
Muster Roll was cast right, & in answer to the message from y e 
Board by Mr Secretary last week which inform'd the House that 
y e Board tho't the 6000£ voted for the Reinforcement of our army 
against Louisburgh would not be sufficient — That the House ad- 
here to their former vote for s d six thousand Pounds. Sent up by 
Mr, Weare & Giddinge. 

Voted That John Macmurphy Esq. & Mr. Henry Sherburne 
"jun. be desired to prepare a vote to impower a Com tee to address 
Jbis Majesty. 

The House adjourned 'til to morrow 9 o'clock. 



1745.] JOURNAL OF THE HOUSE. 349 

Thursday June 27 th 1745, a. m. 
Met according to adjournment. 

It was put whether Coll. Bl an chard should be allow'd any 
thing for Expresses within the Extent of his Regiment. Pass'd 
in the Negative. 

Voted, That y e Hon ble Eben r Stevens, Tho 8 Bell & John Gage 
Esqs. he a Com tee of this House to join with such as maybe ap- 
pointed by the Hon ble Council to manage the affairs relating to 
the Reinforcement for y e Expedition against Louisburgh with one 
[p. 233.] Hundred men, to provide & fit a vessel or vessels for 
Transports to procure Provisions & stores of all sorts & transact- 
any other affair relating to the s d Reinforcement proper for a 
Com tee to act in & that when y e money appropriated for y e uses 
afores d in the vote of the House of the 13 th current is in the 
Treasury it be pd to the said Comm tee by his Excellencys warrant 
with advice of y e Council as they may have occasion for it & that 
they be accountable to the Gen 1 Assembly for such sums as they 
shall Receive & that they make report of their Proceedings to 
the Gen 1 Assembly from time to time as the Gen 1 Assembly shall 
require the same. Sent up by Mr. Macmurphy, who was directed 
to desire the Board to proceed to act upon s d vote as soon as 
may be. 

Nath 1 Rogers Esq. & Eleaz r Russell Esq. ask'd leave to enter 
their Dissent against the foregoing vote & accordingly they did 
dissent. 

Voted that Dan 1 Meader be heard on his Petition on y e third 
day of the setting of the Gen 1 Assembly after the first of Aug st 
next & that y e Petitioners serve the select men of Durham with a 
copie of this Petition & this order of Court within ten Days of 
this date & notify them to appear on s d day to shew cause if any 
they have why the Prayer of the Petition should not be granted. 
Voted, That the Hon ble Eben r Stevens Esq. & Mr. Henry Sher- 
burne jun. be Com tee of this House to join such as may be ap- 
pointed by y e Hon bl Council to draw up a proper Address to his 
most gracious. Majesty & lay it before y e Gen 1 Assembly for their 
[p. 234.] approbation as soon as may be showing the absolute ne- 
cessity of emitting money & putting of y e Payment of it to some 
distant period & praying that His Excellency the Governour may 
not incur his Royal displeasure for consenting to the Emissions 
for the use of the Expedition ag st Louisburgh, Defence of the 
Frontiers & further carrying on the Warr against his Majesties 
Enemies & also praying that his most gracious Majesty would be 
pleased to give his Excell y y e Gov r Leave to consent to such fu- 
ture Emissions of money as may be found necessary for the 
Defence of this his Majesties Government & for further carrying- 
on the warr against his Enemies setting forth the circumstances 
i of this Province under the calamities of a War, also making a 
true Representation of y e state & situation of Fort Dummer, 
showing how improperly situated it is for the Defence of this 



350 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Government & praying that his Majesty will not insist upon this 
Government supporting a Garrison at a Place which can be of so 
little service to them, also making a grateful acknowledgment of 
of his Majesties early care of his subjects in this Province & Re- 
turn the most hearty Thanks for his royal Bounty of Ordinance, 
stores, &c. lately received & pray the continuance of his Maj- 
esty's royal favour towards us. Sent up by Mr. Sanborn & Capt. 
Jennes, 

Mr. Giddinge asked leave to enter his Dissent against y e fore- 
going vote & accordingly did dissent. 

[p. 235.] Mr. Secretary came into the House & said the Coun- 
cil were so infirm or so engaged in y e King's Business that they 
could not go to Boston with Capt. Jennes to get the money 'made 
& that if Capt. Jennes or the House would nominate one of the 
House the Board would choose him to join with Capt. Jennes, and 
added that in obedience to the vote of the Gen 1 Assembly he now 
laid before the House a List of the Names of those that had 
pledg'd their Land for security of the £25000 Loan, the Recor- 
der's Rec'ts for the Counter parts of y e mortgages, & the Treas- 
urer's Rec't for part of the Interest of s d 25000£ & further that y e 
Com tee for repairing the Fort had agreed for Plank but had not 
yet p d any thing, but expected in a few days to be in Debt for s d 
Plank. 

Mr, Secretary came again into the House & declared y e Council 
had made choice of Mr. Meshech Weare to join Capt. Jennes to 
get the 6000£ made, & of the Hon ble Rich d Wibird, the Hon ble John 
Downing & the Hon blc Sam 1 Solly Esqs. to sign it, & y e Hon ble 
Geo. JafFrey, the Hon ble Jotham Odiorne & the Hon ble Sam 1 Smith 
Esqs. as managers of the affairs of the Reinforcement. 

Mr. Secretary also bro't down the Petition of Maj r Tho s Davis 
representing his being wounded in the right hand in his Majesties 
service & praying consideration of the premises, & also the Peti- 
tion of Fra. Tucker, Prison keeper, praying for Provision &c. for 
two French Prisoners, also desir'd Hazzen's Plan of the Southern 
bound y Line might be sent up. Tucker's Petition was read. 

[p. 236.] Mr. Secretary bro't into the House the* vote appoint- 
ing a Com tee to address his Majesty & said the Council desir'd to 
know whether the House expected that s d Com tee made use of the 
very words in s d vote, & that they ought to be softened & that 
there ought to be two addresses to his Majesty. In answer to the 
preceding message, 

Voted, That Mr. Weare & Mr. Giddinge be sent up to inform 
the Board in answer to their message by Mr. Secretary that the 
House did not mean to confine the Com tce to y e very words of 
their vote, for they were only propos'd as General Heads for the 
address, & as to sending two Addresses the House had nothing 
against it if it was most proper. 

The House adjourn' d for two hours. 



1745.] JOURNAL OF THE HOUSE. 351 

Thursday June 27 th 1745, p. m. 

The House met according to adjournment. 

Yoted That there be allow'd & p d out of the money in the Pub- 
lick Treasury for paying soldiers & sailors on the Expedition to 
Louisburgh, unto Capt. John Wise twenty one pounds seventeen 
shillings & eleven pence in full for his Portleclge Bill on s d Expe- 
dition. Sent up by J. Gage Esq. 

Voted That Maj r Davis be allow'd a quarter of a months pay in 
consideration of his being wounded & in answer to his Petition. 

Voted That the men that were inlisted to scout und r Capt. 
[p. 237.] Ichb d Tibbits be allow'd for sixteen days & those that 
were impress'd fourteen days & that his ace* of forty eight shill 8 
old tenor be allowed. 

Voted That two of Capt. Tibbits sargeants be allow'd thirty 
five shills. each pr month. 

Voted That Coll. Gilman, Capt. Gage & Capt Bell & Mr. Hen^ 
Sherburne jun. be a Com tee to receive &> examine Portlidge Bills, 
Muster Rolls & acc ts that may be bro't before the Gen 1 Court & 
then lay them before the House & then the House adjourn'd 'til 
to morrow 9 o'clock. 



Fryday June 28 th 1745. Met according to adjournment. 

The House not approving of y c answers to his Excell 8 Speech 
y* were prepared by Mr. Rogers & Mr. Palmer, 

Voted That Mr. Henry Sherburne jun be desir'd'to draw up an 
answer to y e Gov" Speech & lay it before y e House. 

Capt. Tho 8 Millet (being admitted upon his Desire) came into 
y e House & said he had waited on the Clerk of this House for sun- 
dry Copies & that s d Clerk had refus'd complying with his request 
'til the House had resolved on a motion that said Clerk had made 
to the House touching the giving Copies, he also pray'd the House 
would speedily come to a Resolve on the afores d point. 

In answer to a motion made by the Clerk of this House of the 
21 st Instant the Question was put after some Debate whether the 
s d Clerk should be directed to give copies of any Papers that does 
or may lay in his office, or of the Journal of the Proceedings of 
this House or of any part thereof unless forbid by this House, — 
voted Passed in the Negative. 

Doct Rogers & Eleaz r Russell Esq. entered their Dissent. 

Voted That the foregoing vote be reconsidered. 

The House adjourned for two hours. 

[p. 238.] P. M. The House met according to adjournment. 

Voted .That the Clerk of this House when applyed to from 
Time to Time give out (for y e usual fees) copies of & from the 
Journal, & Files of this House and such vote or votes as have 
Pass'd in this House & of such Petitions or Papers as have been 



352 PROVINCE OF NEW-HAMPSHIRE. [1745. 

acted upon & entrys thereof made in the Journals of this House 
or Copies of any Paper or Papers that have any reference to such 
votes, Petitions or Papers, unless at any time particularly forbid 
"by y e House. 

Whereas upon examination of the grants of men for guarding 
the Frontiers in the year past & comparing them with y e Muster 
Rolls it appears that the men kept out exceeded the grants & 
more especially the men on y e West side of Merrimack River, & 
in Coll. Josiah Willard & Coll. Joseph Blanchards Muster Rolls, 
yet considering that the most of the men were impressed & the 
great hardship it will be on them to be kept out of their money 
& for forwarding the publick Business at this critical conjuncture,, 
Voted, That the Muster Rolls of Coll. Joseph Blanchard for 
forty eight men in the year 1744 amounting to one Hundred and 
sixty three Pounds ten shill s and ten pence half penny for wages 
& 137 : 4 : 3 for Provisions, the whole amounting to 300 : 15 : 1 1-2,, 
&the Muster Roll of Coll. Josiah Willard (1) for twenty-five men 
on Connecticut River in the year 1744 amounting to 114: 6: 5 
[p. 239.] for wages be allow'd & p d out of the money in the Pub- 
lick Treasury by Province Tax last year for defraying the charge 
of the Government — Provided that this vote shall not be deem'd 
or urg'd as a Precedent for this Government's paying any men 
that may hereafter at any time be kept out on any occasion con- 
trary to or without grants of the Gen 1 Assembly thex*efor. Sent 
up by Mr. Macmurphy. 

Voted That Coll. Josiah Willard be allow'd three Pounds six- 
teen shill s & three Pence for Powder Bullets & Flints supply'd 
the twenty-five men by him inlisted & impress'd to be paid out 
of the money in the Treasury by Province Tax last year for de- 
fraying the charge of y e Government. Sent up by Mr. Mac- 
murphy. 

Voted That Capt. Ichb d Tibbits be allowed for his Muster Roll 
for forty two men in his Majesty s service by his Excellency's 
special order dated May 24 th 1744, s d Muster Roll amounting in 
the whole to twenty nine pounds eleven shills. one penny to be 
paid out of the money in the Publick Treasury, by Province Tax 
last year for defraying the charge of the Government, also allow'd 
the s d Tibbits, twelve shills. for three Pounds of Powder deliver'd 
said men. Sent up by Capt Bell. 

[p. 240.] Mr. Secretary bro't down again the Muster Roll of 
Capt. Tibbits with the vote thereon & s d that by the words of the 
vote each man would be obliged to get a warrant & that he 
the Sect y would be obliged to write 'em which would be needless, 
trouble & great inconveniency : upon which it is, 

Voted That the words of s d vote be alter'd so as to remove y ft 
difficulty, which was done & sent up again by Mr. Weare. 

(1) Col. Josiah Willard was of Keene, and had command of the military forces in that 
neighborhood . — Ed . 



1745.] JOURNAL. OF THE HOUSE. 353 

Voted That there be allowed pay for but one Sergeant among 
y e soldiers at y e Fort. 

Voted That there be allow'd & p d out of the money in the 
Treasury for Payment of soldiers & sailors on y e Expedition 
against Louisburgh 22 : 8 : 6 which with what has been already 
paid & voted to be paid in full for Capt. Joseph White's Portlidge 
Bill for y e Schooner Olive Branch, a transport on s d Expedition 
to y e 27 th ' of June 1745. Sent up by Mr. Giddinge. 

Voted That there be allow'd for a Muster Roll of y e officers & 
soldiers at Fort Will m & Mary bro't in sworn to & sign'd by Capt. 
Thos. Bell, June 13 th 1745, amounting to 56: 3 : 3 to be p d out of 
the money in the Publick Treasury for Payment of officers & 
soldiers at s d Fort. Sent up by Mr. Giddinge. 

[p. 241.] Mr. Hazzen's Plan of y e Southern Boundary was 
sent up by Capt. Chesley. 

Voted that Thomas Bell Esq. be allow'd four Pounds thirteen 
ehills. & ten Pence half penny in full of his ace 1 for supplies of 
his Majesties Fort Will m & Mary in y e year 1745. with wood, 
candles <fcc to be p d out of the money in the publick Treasury by 
Prov. Tax last year for defraying the charge of the Government. 
Sent up by Mr. Giddinge. 

Voted That there be allow'd & p d out of the money in the 
Publick Treasury for payment of soldiers & sailors on the Expe- 
dition against Louisburgh the sum of twenty three Pounds six 
shills. which, what has been paid & voted to be p d is in full of 
Capt. Will m BranscomVs Portlidge Bill for the schooner Sarah & 
\ Elizabeth a transport on the Expedition ag st Louisburgh to y e 28 th 
. June 1745. Sent up by Mr. Giddinge. 

After Debate the Question was put whether there should be 
1 any thing more allow'd Maj. Tho s Davis for the cure of his wound 
mentioned in his memorial of the 27 th Inst. Pass'd in the Nega- 
tive. 

Voted That Fra s Tucker, goal keeper, be allowed five shills. pr 
week for y e subsistance of the two French prisoner^ mention in 
his Petition of y e 27 th Instant, viz. for victuals & Lodoino- durino- 
their continuance in Goal or 'til further order of the Gen 1 Assem- 
bly, & y* y e date of said allowance commence from y e time of 
their respective arrivals, one came in Win f the other in Beck. 
Sent up by Mr. Sanborn. 

Voted That the Fee or Premium for killing a Wolf comes 
within the Gen 1 Assembly's Resolve of Jan'y 1744, whereby it 
was order'd that one shilling of the Lawful money of this Prov- 
ince then lately emitted should be receiv'd in Payment for two* 
p. 242.] shills. of any Fees &c. by law established before the- 
nar 1740, & that the Treasurer govern himself accordingly. Sent 
ip by Mr. Giddinge. 

The House adjourn'd till to morrow 7 o'clock. 
23 



354 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Saturday June 29 th 1745, a. m. 
The House met according to adjournment and after reading 
several Bills to be pass'd to be enacted, viz. An Excise Bill, The 
6000£ Bill, a Bill for an Act intitl'd an Act in addition to an Act 
for the Emission of 25000£ Loan. Adjourn'd for one hour. 

A. M. Met again according to adjournment. 

Mr. Secretary bro't down again the Petition of Joseph Lock to 
have the word Voted added which was omitted & which being 
done Win. Parker Esq. Attorney to s d Lock (being occasionally 
in the House) desired the House would reconsider & alter their 
vote on s d Petition for that y e Proprietors of Epsom had no Clerk 
& that the Time limited for y e adverse Party's appearance &c. 
was too short. 

Voted That there be a short Act drawn up for the Relief of 
poor prisoners for Debt. 

Mr. Secretary came into the House & s d he was desir'd by his 
Excellency to inform the House that besides Capt. Bell's Muster 
Roll there were five men in his Majesty's service at Fort Win. & 
Mary for which there was no allowance for one year & three 
Quarters. 

A Bill entil'd an act for granting to his most Excellent Majesty 
the sum of 6000£ for a Reinforcement of the army on the Expe- 
dition ag st Louisburgh & for the further supply of the Forces 
already there, &c. Having been read three times, 

Voted That it pass to be enacted. Sent up by Mess rs Sanborn, 
Macmurphy & Jennes. 

Mr. Secretary & Hon ble Rich d Wibird & y e Hon ble Sam 1 Smith 
Esq. came down & s d his Excellency was of opinion y* it would 
[p. 243.] be necessary to choose a Com tee to take a view of & En- 
quire into y e circumstances of that part of the Prov: lying upon 
Connecticut River & the parts adjacent, and that he tho't to ap- 
point some one to take Possession of Fort Dummer. 

Voted That y e large Plates now in the Province Box from 
which y e 6000£ by an Act of the Gen 1 Assembly pass'd this Day 
is to be imprinted be delivered to the Com tee appointed in s d Act 
to get the same done, And that after they have completed the 
same that they deliver the s d Plates to the Gen 1 Assembly. And 
it is further voted That the Treasurer pay to s d Com tee out of the 
money now in the Treasury for carrying on the Expedition ag st 
Louisburgh, the sum of fifty Pounds to enable them to carry on 
the work. Sent up by Maj r Davis. 

Mr. Secretary came down & s d his Excellency was of opinion 
y* it was impossible to finish the Business that lay before y e Court 
to day & that he tho't of adjourning the Court 'til Monday & de- 
sir'd to hear from the House. 

Voted, That the Com tee imployed in getting the 13000£ made 
be allow'd sixteen shills. pr Day for y e service & that Doc 1 ' March 
be allow'd twenty five shills. for bringing 2800 blank sheets of 



1745.] JOUENAL OF THE HOUSE. 355 

money from Boston & fifteen shillings for extraordinary service. 

Voted That Answer to y e Gov rs Speech, a copy of which is on 
file, be sent up. Sent up by Capt. Leavit, Chesley & Jennes. 

[See this answer in " Journal of the General Assembly," June 
29 th 1745.] (1) 

[p. 244.] Mr. Secretary came into the House & said that his 
Excellency directed him to adjourn the Gen 1 Court 'til Monday 
Eleven o'clock, & y e Court was adjourned accordingly. 



Monday July 1 st 1745, a. m. 
The members not being come in, Mr. Secretary by his Excel- 
lencys order adjourn'd the Gen 1 Court 'til 3 o'clock. 

P. M. 

The House met according to adjournment. Tho s Packer Esq. 
Sheriffe of y e Province being admitted came into the House & 
pray'd that there might be a Com tee to inspect y e condition of the 
Prov : Goal it being much impar'd. Also pray'd the House would 
take under consideration his allowance for his service as Sherrif 
&> for House Rent for that he had not rec'd any thing for either 
these two last years past. 

An act in addition to an act entitled an Act for granting unto 
his Majesty an Excise on several Liquors, &c. having been read 
three times 

Voted That it pass to be enacted. 

Sent up for concurrence by Mess rs Jenness & Sanborn. 

An Act in addition to an Act entituled an act for emitting the 
sum of twenty-five thous d Pounds in Bills of Credit on this Prov- 
ince equal to so much Proclamation money upon Loan & for 
granting to his Majesty y e Interest that shall arise thereby &c. 
being read three Times, 

Voted That it pass to be enacted. Sent up by Capt. Jenness 
& Mr. Sanborn. 

[p. 245.] Voted That Mr. Geo. Jaffrey jun. be allow'd thirty 
four shills. & three pence in full of his acc't for a book of Records 
for y e Superiour Court's office, of y e 26 th June 1745, and then the 
House adjourn'd 'til to morrow 9 o'clock. 



Tuesday July 2 d 1745. 
The House met according to adjournment. 
Voted, That Benj n Mathes be allow'd ten shills. in full of his 
Petition for bringing an Indian from Durham to Portsmouth &c. 

(1) A copy of this answer is also found in MS. " Governor's Messages," in Secretary's 
office, Vol. I, p, 355.— Ed. 



356 PROVINCE OF NEW-HAMPSHIRE. [1745, 

to be pd oat of y e money in the Publick Treasury by Province 
Tax last year for defraying y e charge of the Government. Sent 
up by Maj. Davis. 

The Hon ble Henry Sherburne, y e Hon ble Rich d Wibird, y e Hou ble 
Ebz r Stevens Esq. & Nath 1 Rogers & Tho s Bell Esq 8 y e Com tee ap- 
pointed by the vote of the House of the 14 th ult. to take the 
Books & Papers belonging to the office of Recorder into their 
custody in case of the Death or Incapacity of the s d Recorder &c. 
took an oath for the faithful Discharge of the trust reposed in 
them, and then Mr. Dan 1 Peirce Gent n the Person appointed Re- 
corder by the afores d vote & John Macmurphy & Clem* March 
Esq. as sureties Executed a Bond for the faithful discharge of s d 
office which was Deliver'd to y e Speaker of the House, and then 
s d Peirce took an oath for the faithful Discharge of his s d office. 

Mr. Secretary bro't into y e House a written message from his 
Excellency representing the Probability of 20 men being raised 
more than are voted for & Desiring to know whether y e House 
would have them Embark'd &c. and then the House adjourned 
for two Hours. 

[His Excellency's Message, copied from MS. "G-ov rs Messages" in Secretary's 
office, Vol. I, p. 357.1 

Gentlemen of the Assembly 

It is very probable that about twenty men more than what are voted to be 
raised for the reinforcement of our troops now before Louisburgh, may ap- 
pear, in which case I shall be glad to have your Resolve whether it will not 
be expedient to Imbark them, as it will greatly relieve the Forces now there 
from the hard duty they have so long undergone. 

I shall also be glad to have your mind signified whether it be your Intent 
to have the Reinforcement Imbarked in case news should arrive before Em- 
barkation of the reduction of Louisburgh, 

B. Wentwoeth. 
Council Chamber in 
Portsmouth, July 2d, 1745. 

[p. 246.] P. M. The House met according to adjournment. 

After Debate the Question was put in answer to his Excell y8 
message in the forenoon whether the House would make any 
Provision for men for y e Reinforcement more than has been al- 
ready voted for. 

Voted in the Negative. 

Upon a motion made by one of y e members & back'd by others 
for reconsidering the foregoing vote, the Question was put & 

Voted in the affirmative. 

A Bill for y e Relief of one Sam 1 Bathrick having been read 
three times, Voted That it pass to be enacted. Sent up by Capt. 
Chesley & Sanborn. 

Voted That the House adhere to their former vote for not 
augmenting the Reinforcement. 

Voted, That the following message be sent up to his Excel- 
lency the Gov r in the answer to his Message of this day, viz. 



1745.] JOURNAL OF THE HOUSE. 357 

May it please your Excellency, 

The House having had y r Excellencys message of this morning under con- 
sideration cannot agree upon any augmentation of the Reinforcement of y* 
Expedition ag st Louisburgh & the latter part of your Excell? 8 message we 
pray further time to consider of. Sent up by Coll. Gilman. 

The House adjourn'd 'til tomorrow 9'o clock. 



Wednesday July 3 d 1745. 

The House met according to adjournment. 

Voted That y e hearing of Capt. Sloper's affair be put off for 
farther consideration. 

[p. 247.] Voted That there be allow'd y e Com tee for getting 
the thirteen thous d Pounds imprinted & for their service at Bos- 
ton, the sum of one hundred & seven Pounds eighteen shill 8 & a 
penny half penny in full of their account for s d service to be paid 
out of y e money in the publick Treasury for imprinting &c. said 
thirteen thousand Pounds. Sent up by 

Voted That there be allow'd thirty six shillings & three Pence 
to the Hon ble Ellis Huske, Esq. in behalf of y e Com tee for taking a 
survey of Fort Will™ & Mary in full of their account for that 
service to be paid out of y e Interest of y e £25000 Loan. Sent up 

b y 

The House adjourn'd for two Hours. 

July 3, 1745, p. m. 

The House met according to adjournment. 

A Bill intitled an act in addition to an act for y e settlement & 
Distribution of y e Estates of Intestates & an act for y e equal Dis- 
tribution of Insolvent Estates having been read three times, 

Voted That it pass to be Enacted. Sent up by Mess rs Jennes, 
Sanborn & Davis. 

Voted, That there be allow'd to Coll. Peter Gilman Esq. the 
sum of eight Pounds eleven shills. & five Pence farthing in full of 
his ace 1 as Captain Clerk & Commissary for scouts &c. last year, 
to be p d out of y e money in the Treas y by Prov. Tax last year for 
■defraying the charge of the Government. 

Voted, that there be allow'd ten shills. to Capt. Geo. Veazey 
jun. in full of his ace 1 for a man Horse to carry Provisions to Ep- 
som by Coll. P. Gilman's order to be paid out of the money in 
Publick Treasury by Prov. Tax last year for defraying y e charge 
of the Government. 

[p. 248.] Voted That John Gage Esq. be allow'd six pounds 
two shills. & 5 l-2d in full for his service & trouble as Commis- 
sary & taking care of scouts &c. last year to be p d out of y e money 
in the publick Treasury for defraying of y e charge of y e Govern- 
ment. Sent up by Capt. Jennes. The House adjourn'd 'til to- 
morrow 9 o'clock. 



358 PROVINCE OF NEW-HAMPSHIRE. [1745, 

Thursday July 4 th 1745, p. m. 

Met according to adjournment. 

Voted, That Math w Livermore Esq. be allow'd five pounds ten 
shillings in full of two acc ts for service to this day. Sent up by 
Capt. Jennes. 

Voted That Will m Parker Esq. be allow'd ten Pounds fifteen 
shills. in full of his ace* for service to this day. Sent up by Capt. 
Jennes. 

Voted That there be paid unto y e officers & soldiers by a former 
Establishment at Fort Wm & Mary out of y e money in the 
Treasury for defraying the charge of the Government fifty six 
pounds five shillings in full for one year & an half Salary or Pay 
to the 25 th of March last Past. Sent up by Maj. Davis. 

Voted That there be allowed to Mrs. Sarah Priest y e sum of 
fifty shills. in full of her ace 1 for y e use of her room &c. to this 
day to be p d out of y e money in the Publick Treasury for defray- 
ing the charge of the Government. Sent up by Capt. Jennes. 

Voted, That there be p d unto Benj n Akerman door keeper ten 
pounds out of y e money in the Publick Treasury for defraying the 
charge of the Government in full for his service of one year to 
the fifteenth of Ap 1 1745. Sent up by Maj. Davis. 

Voted that Eleaz r Russel Esq & Capt Israel Gil man be a Com tee 
of this House to join with such as may be appointed by y e Hon ble 
[p. 249.] Council to farm out y e Excise for the year from the 15 th 
of May last past at Public Vendue to y e highest Bidder to be p d 
half yearly & to take good security from the Person or Persons to 
whom it may be sold & deliver y e Bonds to the Treasurer for the 
time being to whom the Bonds must be made payable for y e use 
of the Province. Sent up by Coll. Wallingford. 

The House then adjourn'd for two Hours. 

July 4 th 1745, p. m. 

Met according to adjournment. 

Voted That the Bill for y e Relief of Prov. Prisoners for Debt 
pass to be enacted, it having been read three Times. 

A motion being made by one of y e members & seconded by 
others to have the foregoing vote reconsider'd & after Debate 
thereon y e Question was put & voted in the affirmative. 

Voted, That y e Reconsideration be suspended to a farther Day. 

Voted That Peter Gilman Esq. Mr. Henry Sherburne, jun. & 
Mr. Meshech Weare be a Comittee to audit y e Treasurer's ac- 
counts. 

Will m Parker, Esq. bro't into y e House the Petition & other 
Papers of Dan 1 Jackson & a Bill in answer to s d Petition & pray'd 
(as a'torney to s d Jackson) that s d Bill might pass to be enacted 
as soon as may be. 

Voted That there be allow'd the Hon ble Sam 1 Smith, Esq. 
Eleven Pounds ten shills. & one Penny in full of his account as 



1745.] JOURNAL OF THE HOUSE. 359 

Clerk & Commissary from May y e 25 th 1744 to this day to be p d 
out of the money in y e Publick Treasury for Defraying the charge 
of the Government. 

[p. 250.] Mary Ayers her account being read praying allow- 
ance for wood, candles &c. for y e Gen 1 Assembly : 

Whereas Mr. Packer is to supply y e forementioned things & 
s d Mary being his Tennant, 

Voted That said account be dismissed. 

The Petition of Maj r Step n Greenleaf praying an allowance for 
Wine & other Tipple at y e Celebration of y e Nuptials of y e Prince 
of Wales with y e Princes Saxegother being read, 

Voted That s d Petition be dismiss'd. 

Voted That Maj r Greenleaf be allow' d twenty shills. & four 
Pence half penny in full for Entertaining Joseph Basford & keep- 
ing Mr. Busteed's horse to be paid out of the money in y e Pub- 
lick Treasury for defraying y e charge of y e Government. Sent up 
by . . . . : 

The House adjourn'd 'til tomorrow 9 o'clock. 



Fry day July 5, 1745, a. m. 

Met according to adjournment. His Excell y having laid Gen. 
PepperelPs & Coll. Moore's Letters & other Papers before the 
House informing of the Reduction of Louisburgh (1). 

Voted That Mr. Speaker Stevens, Coll. Peter Gilman, Coll. Tho 8 
Wallingford, Mr. Mesh h Weare, Maj r Tho s Davis, Nath 1 Rogers, 
Esq. Capt. Israel Gilman, Mr. Henry Sherburne, jun. be a Com tee 
to wait on and congratulate his Excellency on s d happy occasion. 

[p. 251.] Whereas his Excellency by Express has this morn- 
ing rec'd advice from Lieut. Gen 1 Pepperell & Coll. Moore of y e 
surrender of Louisburgh to y e obedience of his Brittanick Majesty, 
our most gracious Sovereign, &c. which Letters have been laid 
before this House : To show how much y e Reduction of this 
Place has been at Hart & our joy thereat, 

Voted, That there be p d unto his Excellency's order out of y e 
money in y e Publick Treasury for the use of the Expedition 
twenty five Pounds to make such publick Entertainments in y e 
Town of Portsm & at his Majesty's Fort Will" 1 & Mary as he 
shall think proper on this occasion. Sent up by Mr. MacMurphy, 
March & Weare. 

The Secretary came into the House & s d his Exc y had adjourn'd 
the Gen 1 Court 'til tomorrow 9 o'clock. 

(1) These letters and papers cannot now be found. See, however, letters of Gov. Shir- 
ley's correspondence in subsequent pages of this volume. Louisburgh was reduced by 
degrees and surrendered, June, 1745.— Ed. 



360 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Saturday July 6 th 1745. 

Met according to adjournment. 

Voted That there be allow'd Ten Pounds, fourteen shills & 
three Pence to Capt. David Tlorney & others for their service & 
for y e use of two Gundloes in landing y e ordinances & stores by 
his Excellency's orders to be p d out of y e money in y e Publick 
Treasury for the Defence of the Government & for further carry- 
ing on y e War. Sent up by Capt. Jennes. 

Voted That there be allow'd unto y e several Rye men under 
the care of Sargeant Lock in landing the ordinance &c. the sum 
of seventeen Pounds fourteen shills. in full for their service to be 
p d out of y e money in the Publick Treasury for the Defence of y e 
Government & for further carrying on the War. Sent up by 
Capt. Jennes. 

Voted, That John Macmurphy Esq. & Coll. Tho 8 Wallingford 
[p. 252.] Esq. be a Com tce of this House to join with such as may 
be appointed by y e Hon ble Council to take a view of & enquire 
into the circumstances of that Part of this Province lying upon 
Connecticut River & y e Parts adjacent & make Report to y e Gen 1 
Assembly as soon as may be & that they be allow*d each seven 
shills. & sixpence pr Day for wages & Expences. Sent up by 
Capt. Jennes. 

Mr. Secretary came into the House & s d he was directed by his 
Excellency to lay before y e House a Letter of Gov r Shirley, Dated 
July 3 d , 1745 (which he had forgot to do before) representing the 
necessity of sending Powder, Provision &c. to Louisburgh & de- 
siring his Excellency to secure as much Powder &c. as is possible. 

Governor Shirley's Letter. 

[Copied from "Belknap Papers," p. 231, in Library of N. H. His. Soc] 

Boston, July 3, 1745. 
Sir — 

I have now the Pleasure to send your Excellency by Express the news of 
the Reduction of Louisbourg to the obedience of his Majesty, & the surrender 
of it accordingly : But to maintain our conquest there, which is of the utmost 
importance, will require the assistance of all his Majesty's Colonies & Prov- 
inces in North America, for furnishing men, ammunition & Provisions for 
garrisoning & defending the place till his Majesty shall order Troops from 
Great Britain, or otherwise signify his Pleasure in this affair ; and I appre- 
hend this to be the most critical juncture for securing it from the attempts of 
the Enemy to recover it ; For it cannot be doubted, but that the French King 
will soon send a strong force both of ships & Troops to reduce it, before we 
can be well secured in the Possession of it ; and you may reasonably judge 
that this Province is already drained of men, Provisions & Ammunition; 
However we are still so heartily engaged in this service that we have lately 
sent four hundred Troops, who, I suppose arrived at Louisburg since the sur- 
render of it, besides upwards of sixty seamen for manning his Majestys ship 
Vigilant, & have about two hundred soldiers more Embarked & ready to em- 
bark, whom I shall get away with all possible Dispatch ; and I cannot but 
hope your Excellency & the General Assembly of New Hampsbire will in 
duty to his Majesty, & in regard to the common Interest of all his subjects in 
North America, make provision for the raising of a number of soldiers im- 



1746.] JOURNAL OF THE HOUSE. 361 

mediately for this service & have them transported without Delay ; and like- 
wise give orders for the taking up & purchasing all the Gun Powder & 
Provisions that can be got for the Garrison at Louisbourg & the Ships em- 
ployed there, of both which they are in want, as the General and Commodore 
inform me, as also Provisions for the French Prisoners to be sent home to 
France; and as this will require a vast quantity (of Provisions especially) It 
is my opinion that no Provisions ought to be allowed to be shipt off from the 
Plantations where they are raised, to the West Indies or any foreign parts 
whatsoever, till this want be supplied. It will also be requisite that all the 
Gun Powder that can be found in your Province, except what may be abso- 
lutely necessary for your own defence, should be secured for his Majesty's 
service, and I should think if your Excellency will employ some Merchants in 
your place for the purchasing of the Powder who will be able to find it out 
better than your own officers, it will be a likely method of procuring a good 
quantity of it, of which this Province is almost entirely exhausted, having 
sent off for the Expedition against Louisbourg about twelve hundred barrels, 
and I hope that you will consider that both the Garrison & ships will want a 
considerable supply. 

I am, Sir, 

Your Excellency's most obedient 
To his Excellency humble servant, 

Benning Wentworth, Esq. W. Shirley. 

[To which is added in the hand of Gov. Shirley :] 

The above is a Circular Letter calculated for the Gov rs of all the Colonies 
as far as Virginia, so that some of the particulars of it are not so well suited 
to the great share and trouble your Excellency has had in promoting this Ex- 
pedition. — w ch you will be pleased to excuse — I must own I am in great 
anxiety least this invaluable acquisition should be instantly snatched from us, 
by a large body of Troops being landed soon from old France and Canada 
before our Forces are supplyed with a sufficient quantity of Provisions and 
warlike stores, which would" be fatal, let the Naval force be never so strong. 
I doubt not but you will get as many men rais'd & dispatched away as possi- 
bly may be from your Governm 1 : and I must beg of you in particular to 
secure what powder is possible to [be] had at Portsmouth. Inclosed are 
some packetts for your Exc- V (together w th some others) one of which I must 
beg your pardon for having opened by mistake in an hurry between two & 
three o'clock in the morning. I will endeavour to send you by next Post an 
answer to your last Letter, and hope you will be pleased to Excuse me in the 
mean time. The General writes me word y* they were under apprehensions 
of a Body of 2500 Indians being upon the march and near landing on Cape 
Breton, and y* they were preparing for their reception, and demolishing the 
late camp and drawing in all the Guns of our late Batteries. I sincerely re- 
joice with you upon our success hitherto, and hope it may be a good omen of 
farther success. 

[Indorsed]— " Gov r Shirleys Letter July 3, 1745." 

Mr. Secretary bro't with him also the Petition of Mary Sher- 
burne of Portsmouth, widow, representing some illegal manage- 
ment of her son Joseph concerning a certain mortgage and so 
forth, which being read — 

Voted That y e Petitioner be heard on her Petition on the third 
day of the sitting of this Court after y e first of Aug st next & that 
the Petitioner serve her son Joseph with a copie of s d Petition & 
this order of Court, & notify him to appear and shew cause if any 
he has why y e Prayer of y e Petition should not be granted. 

The Secretary came again into y e House and desir'd to know if 
the House had done any thing concerning the matters mentioned 



362 PROVINCE OF NEW-HAMPSHIRE. [1745, 

in Gov r Shirley's Letter, and whether the House would augment 
y e Reinforcement voted to be sent ag st Louisburgh & that the 
Council were of opinion the King would pay all the charge of the 
Expedition against Louisburgh since y e Reduction of it, if not the 
whole. The Secretary said also, That the Excise Act was pass'd 
& assented to. 

[p. 253.] In answer to his Excll ys message by Mr. Secretary 
to know y e opinion of y e House about sending the Reinforcement 
for the army at Cape Britton & whether if twenty men more 
than y e hundred appear'd the House were willing they should be 
sent, 

Voted, That the Reinforcement be sent away with all possible 
Dispatch & that if twenty men more or any smaller number ap- 
peared as voluntiers they also be sent with them at the publick 
expense. 

Mr. Speaker came down & said his Excellency required y e at- 
tendance of y e Speaker & the House in the Council Chambers to 
which Place they repair'd immediately & then were adjourn'd 'til 
Wednesday y e 24 th Instant, 10 o'clock, a. m. 



Wednesday July 24 th 1745. 

Some of the members met according to adjournment, but there 
not being a Quorum of the House, adjourned 'til 3 o'clock p.m. 

Met according to adjournment, and ordered that Coll. Peter 
Gilman & Mr. Zebulon Giddin^e be desired to inform his Excel- 
lency that there is a House ; who return'd that they had inform d 
him accordingly. 

Mr. Secretary came into y e House & said he was directed by 
his Excellency to lay before the House sundry Letters, viz. one 
from Genl. Pepperrell of y e 9 th July, one of the 24 th June from 
Commodore Warren, & one from Coll. Moore of y e 9 th July, and 
a Pass sign'd by Gen 1 Pepperrell & Com. Warren (1) 

[p. 254.] The Secretary also said that his Excellency desired 
to know what the House tho't to do with y e French people lately 
bro't from Cape Breton. ' 

Voted That his Excell y y e Capt. General be desired to inlist or 
impress & immediately send out thirty good effective men more 
than what are already voted, on y e same Establishment of the 
men last granted for guarding & scouting the Frontiers, to be by* 
him with those formerly voted & not yet sent out, forthwith im- 
ploy'd til y e last of August in scouting ; twenty of y e said thirty 
between Salmon Falls River & Merrimack River. Sent up by 
Mr. Giddinge. 

Adjourn'd till to morrow 9 o'clock. 

(1) It is matter of much regret that none of these letters can now be found in the Ar- 
chives of the State.— Ed. 



1746.] JOURNAL OF THE HOUSE. 36& 

Thursday July 25 th 1745, a. m. 

The House met according to adjournment. 

Mr. Secretary came into the House & said he was directed by 
his Excellency to lay before the House the Resolves of a Council 
of war voted at Louisbourg June 24 th 1745, & a Report of a 
Com tee of y e House of Represent 8 of y e Mass ts to their Com tee of 
war, dated July 20 th 1745. 

Resolves. 
[Copied from MS. " Belknap Papers," p. 232.] 

At a Council of War held at the Citadel in the City of Louisburg, June 24 th 

1745. Advised : 

That whereas many Breaches are made in the Walls and Buildings of the 
Town and Batteries of Louisbourg, by our artillery, and the Circular Battery 
which did very much command the Harbour is render' d intirely useless 
without Repair, and as the summer is the only season that such works can be 
effected here; the Walls, Citadel, Hospital, Magazines, Kings Storehouses, 
and other the King's Buildings, also the Batteries of the town, and the Grand 
and Island Batteries be Repaired ; 

That the said works and Repairs be forthwith begun by the army. 

That the artificers employed for this purpose be allowed and paid seven 
shillings and six pence pr Day, New England currency, old tenor, for their 
labour ; 

That common Labourers be allowed and paid five shillings pr Day, said 
currency for their labour. 

That the Government of the Massa ts Bay, Connecticut and New Hamp- 
shire, be informed as soon as may be of this Resolution, and application be 
made to them at the same time to pay the aforesaid Labourers their Quota in 
proportion to their Number of Troops in the army ; Also to signifie their 
pleasure relating to their going on w th said Repairs. 

Copy examined by B. Green, Sec^. 

At a Council of War held at the Citadel in the City of Louisbourg, July 1 st 

1745. 

Advised, 

That although the necessity of some Repairs being immediately made in 
the Walls and Buildings of this City and Batteries have influenced the Coun- 
cil to advise that said Repairs be forthwith begun by the army, and that the 
several Governments who sent Troops in the Expedition should be applied to 
for payment of the same, in Expectation that they would be pleased to allow 
the Exigency to be a Sufficient Reason therefor; yet as Commodore Warren 
has been pleased to offer to join with the General in representing the necessity 
of those Repairs to his Majesty, and in drawing Bills on his Majesty's Treas- 
ury for paying the artificers & Labourers employed in effecting the same ; — 
It is therefore most expedient that the General do accordingly join with Com- 
modore Warren in such a Representation to his Majesty, and in drawing Bills 
for the payment of the workmen in making what Repairs are absolutely 
necessary, till his Majesty's pleasure be known. 

Copy Examined by 

B. Green, Sec'y. 



364 PROVINCE OF NEW-HAMPSHIRE. [1745. 

Report of the Committee of War. 
[Copied from MS. " Belknap Papers," p. 235.] 

The Committee to whom was referr'd that part of His Excellency's speech 

which relates to the Expedition, having maturely considered the same, are 

humbly of opinion, and make Report : 

That it is of great importance that the Damage done by the army to the 
Fortifications and other Buildings in the city and Harbour of Louisburg be 
immediately Repaired, and that it is absolutely necessary that a competent 
number of the Forces be supplyed with sufficient Provisions & warlike Stores 
until his Majesty's pleasure can be known. 

That it is Incumbent upon & for the Honour & Interest of this Govern- 
ment to continue to advance such sums as may be requisite for securing and 
maintaining for his Majesty this invaluable acquisition, and that therefore the 
Committee of War be directed to provide all necessary materials for effecting 
the aforesaid Repairs, and cause the same with all convenient speed to be 
transported to the General at Louisburg and that they likewise furnish him 
with the sum of Two thousand Pounds in Bills of Credit of this Province to 
be paid by such persons as he shall appoint to the workmen Employed in 
said Repairs, the said Persons to be accountable for the same. 

And with respect to the Warlike Stores & provisions the Committee Report 
that a large Quantity of Powder and other Stores has been sent from this 
Government which was not arrived at the time of the surrender of the place, 
and that the present circumstances of this Province will not admit of any 
further considerable Quantity of Powder being sent from hence until a further 
supply shall arrive. 

That a large Quantity of Provisions has also been transported to Louis- 
bourg, but as a considerable part of the Army's Stock must have been em- 
ployed for the Transportation of the French Inhabitants to France, the 
Committee are therefore of opinion that a further supply may be necessary, 
and that the Committee of War be directed to procure such a Quanti